Pittsburgh v. Equitable Gas Co.

Citations

• 256 Pa. 492
• 100 A. 1049
• 1917 Pa. LEXIS 641

Syllabus

<p>Contracts — Municipalities—Ordinances — Gas companies — Free gas — Threat to stop supply — Bill in equity — Dismissal—Franchises —C onstruction.</p> <p>A municipal ordinance granted a franchise to lay gas pipes in the streets and alleys of a city and provided that “in consideration of the privileges granted in this ordinance the said (grantee) and his assigns agree to furnish the City of Pittsburgh free of cost and expense all the natural gas necessary for fuel for the buildings of the police, fire, markets and city property departments as long as said pipes shall be in use.” Subsequently the city erected other buildings which could not be classified with those that were under the control of the four departments at the time of the passage of the ordinance and contended that it was entitled to free gas for the use of such buildings. The. successors of the original grantee of the franchise threatened to shut off the supply of gas to said buildings unless tbe city would pay for it. The city brought a bill in equity to enjoin tbe defendant from shutting off the supply of gas from such buildings. Held, the lower court properly refused the injunction.</p>