City of Audubon v. Iowa Light, Heat & Power Co.
Supreme Court of Iowa
Appeal from Audubon District Coivrt. — O. D. Wheeler, Judge. Suit in equity, wherein the plaintiffs sought to restrain the defendant, a public utility, from putting into effect a rate for its product in the city of Audubon, Iowa, higher than provided by ordinance. A temporary injunction was granted, from which order defendant appeals.
1Opinion of the CourtArthur, J.
The petition shows, among other things, that in 1915 defendant’s grantors were granted a franchise, which they accepted, to operate an electric light and power plant in Audubon for a period of years, the ordinance fixing the rates at “13 cents for the first kilowatt, 10 cents for the balance in any one month;” that the company operated under the franchise rates until in the month of November, 1918, when it *1390notified plaintiff city and its inhabitants that it would increase the rates to 15 cents per kilowatt. Such allegations are supported by a stipulation of facts.
Defendant answered, admitting…
2Cases cited2 opinions
- City of Fort Dodge v. Fort Dodge Telephone Co.Supreme Court of Iowa · 1915
- Snodgrass v. McDanielSupreme Court of Iowa · 1909
3Cited by4 opinions
- Wolf v. Lutheran Mutual Life InsuranceSupreme Court of Iowa · 1945
- Chicago, Rock Island & Pacific Railway Co. v. WoodsSupreme Court of Iowa · 1923
- Sinclair Refining Co. v. ColeSupreme Court of Iowa · 1940
- Lorenzen v. BergSupreme Court of Iowa · 1944