Maxwell v. Ohio Fuel Gas Co.

Plaintiff as a resident elector and gas consumer of the city of Zanesville, on behalf of himself and ten thousand others similarly concerned,' sought and obtained a mandatory injunction against the gas company, whereby it is directed to furnish natural gas in the city of Zanesville in accordance with the terms of a rate ordinance duly enacted on March 11, 1938, and advertised, but not accepted by the gas company. From this decree the defendant appeals on. questions of law, which may be epitomized into two interrogatories which this court must now answer. The appellant’s first claimed error is…