Newcomerstown (Vil.) v. Consolidated Gas Co.

Citations

• 35 Ohio C.C. Dec. 397
• 30 Ohio C.A. 283

Syllabus

<p>FRANCHISES</p> <p>1. Gas Franchise Expired Imposes no Obligation to Supply Village.</p> <p>A franchise, whereunder a gas company furnished gas to a village and its inhabitants for a specified number of years, becomes at the expiration of the term named an indeterminate franchise, under which the company is not bound to continue to supply gas, but if it elects so to do the rate charged must be the same as during the period in which the franchise was in force.</p> <p>2. Adoption of Subsequent Ordinance Granting Renewal of Franchise but on Different Terms not Repeal of Former Ordinance.</p> <p>The adoption By the village of a second or third ordinance, granting a renewal of the first ordinance but on different terms, does not repeal the first ordinance by implication and does not become binding upon the company until accepted by it.</p> <p>3. Injunction does not Lie to Compel Gas Company to Continue Service under Unaccepted Franchise.</p> <p>It follows that where the gas company has not accepted the terms provided in the second franchise, it is at liberty to terminate its connection with the village at any time it sees fit to remove its property therefrom, and an action does not lie to enjoin the discontinuance or an impairment of the service.</p>