Emerson v. Twin State Gas & Electric Co.

I. Underlying the other issues in this case is the problem of the relation of the defendant and the city to each other and to the traveling public. The defendant owns gas mains, buried under the streets and used in the business of serving the public in the distribution and sale of gas. It is necessary to dig up the streets from time to time to make repairs upon the mains.

The statute provides that permission for the original location of the mains must be obtained from the city. P. L., c. 98, s. 1. It is conceded that such permission was obtained and that the mains were legally located. There…