Consumers' Gas Co. v. Kansas City Gaslight & Coke Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. T. A. Gill, J udge. This case presents for review a ruling of the circuit court, sustaining a general demurrer to plaintiff’s petition, from which, ruling plaintiff has appealed. The pleading referred to is somewhat lengthy, but enough of it will be recited to indicate the nature of the case it makes, with reference to the questions of law discussed in the opinion of the court. “Plaintiff complains and says: “First.
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Appeal from Jackson Circuit Court.—Hon. T. A. Gill, J udge. This case presents for review a ruling of the circuit court, sustaining a general demurrer to plaintiff’s petition, from which, ruling plaintiff has appealed. The pleading referred to is somewhat lengthy, but enough of it will be recited to indicate the nature of the case it makes, with reference to the questions of law discussed in the opinion of the court. “Plaintiff complains and says: “First. That the Consumers’ Gas Company of Kansas City is a corporation * * * under the general law of the state of Missouri, * * * and that the…
1Opinion of the CourtBarclay, J.
Giving to the petition the construction most favorable to the pleader, it yet states no cause of action for equitable relief. Plaintiff claims the right to manufacture and vend gas to the people of Kansas City and to adopt the needful and usual measures *507for that purpose. , It asserts that defendant’s franchise to make and sell gas in that city is not exclusive but is claimed to be so by defendant; and that such claim of exclusive right and of an intention to assert it is an irreparable injury to plaintiff’s credit and business, against the continuance of which an injunction and other proper…
2Cases cited2 opinions
- Boston Diatite Co. v. Florence Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Whitehead v. KitsonMassachusetts Supreme Judicial Court · 1876
3Cited by6 opinions
- Downey v. United Weatherproofing, Inc.Supreme Court of Missouri · 1953
- Coffeyville Mining & Gas Co. v. Citizens' Natural Gas & Mining Co.Supreme Court of Kansas · 1895
- Flint v. Hutchinson Smoke Burner Co.Supreme Court of Missouri · 1892
- Puget Sound Power & Light Co. v. AsiaCourt of Appeals for the Ninth Circuit · 1921
- Jordan v. O'ConnorThe Superior Court of New York City · 1891
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