Toomey v. Wichison Industrial Gas Co.

The opinion of the court was delivered by

Wedell, J.:

This was an action for damages for injuries sustained by plaintiff in the basement of a business building in Wichita.

There are two competing gas companies in Wichita, the Wichison Industrial Gas Company and the Wichita Gas Company. For some time prior to May 1, 1934, the former had been supplying gas to the business house of the Rorabaugh Dry Goods Company under a contract which expired on that date. The Wichita Gas Company was under contract to supply gas to the Rorabaugh Company, its services to commence as soon as its gas connections and…