City of Scammon v. American Gas Co.

Citations

• 98 Kan. 812
• 160 P. 316
• 1916 Kan. LEXIS 201

Syllabus

<p>' SYLLABUS BY THE COURT.</p> <p>Gas Company — Public Utility — Nonfeasance Primarily under Control of Utilities Commission — Mandamus Refused. A gas company supplying several cities had, for years, under a franchise with the city of Scammon, supplied gas to a street lighting company — the latter paying for all the service pipes leading from the gas company’s mains to the lighting company’s posts in excess of fifty feet from such mains. Such service pipes becoming leaky and dangerous, the gas company turned off the supply from thirteen of the sixty-five posts. The city, by ordinance, directed the gas company to repair and maintain such service pipes, and to restore the supply of gas, and, upon refusal, sought by mandamus to compel obedience. Held, that such controversy should be submitted to the public utilities commission under section 20 of chapter 238 of the Laws of 1911, and is not a proper one to be controlled by mandamus in the first instance.</p>