Homestead Co. v. Des Moines Electric Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Southern District of Iowa; Martin J. Wade, Judge. Action at law by the Homestead Company against the Des Moines Electric Company. Judgment for defendant (226 Fed. 49), and plaintiff brings error.
1Concurring in part, dissenting in partStone, Circuit Judge
This is a suit by a patron against a public service corporation, lawfully authorized to use the streets and public places of a municipality in order to furnish consumers with electric light and power. The entire petition is a tort action in its pleading. The first count is for damages because of a discriminatory rate; the second and third counts for damages because of unreasonable rates.
I concur in the result reached, but not entirely with the rules of law laid down. Because of the importance of the subject involved, I feel obligated to state wherein I disagree. I agree that discrimination…
2Cases cited17 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Pennsylvania Railroad v. International Coal Mining Co.Supreme Court of the United States · 1913
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Meeker & Co. v. Lehigh Valley RRSupreme Court of the United States · 1915
- Scott v. DonaldSupreme Court of the United States · 1897
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