Springfield (City) v. Springfield Gas Co.

Citations

• 21 Ohio C.C. Dec. 446

Syllabus

<p>GAS COMPANIES —INJUNCTION —MUNICIPAL CORPORATIONS.</p> <p>1. Power of City Solicitor to Enjoin Public Service Corporation from Violating its Obligations to City and Inhabitants Notwithstanding Ordinance.</p> <p>A city solicitor has authority under Sec. 1777 Rev. Stat., to institute suit, in the name of the municipality to enjoin a public service corporation from violating its obligations to the city and its inhabitants. Such an. action will lie, ■ notwithstanding the corporation is acting under color of an ordinance, if the provision of the ordinance complained of is in excess of the power of council to grant.</p> <p>2. Natural Gas Company Compelled to Furnish Gas for Illuminating Purposes Although Grant Excludes Such Use.</p> <p>A municipality is without authority to prescribe by ordinance that a commodity acquired by its inhabitants shall not be used for any purpose that is not dangerous or injurious; hence, a provision in an ordinance--embodying a grant to a natural gas company, that gas shall not be furnished for illuminating purposes, but only for heating and .power, is void, and the company may be compelled to either furnish gas for-illuminating purposes or abandon its rights in the streets.</p> <p>3. Provision Requiring Notice before Turning Natural Gas into Artificial. Gas Pipes Reasonable.</p> <p>A provision requiring notice to a natural gas company before a consumer may turn natural gas into artificial gas pipes is reasonable in view of increased pressure and danger; but the piping being in suitable and. safe condition- therefor the consumer is entitled to immediate service. Dustin, J.</p> <p>4. Artificial Gas Company upon Absorption of Natural Gas Company Estopped to Assert Invalid Limitations against the Latter.</p> <p>An artificial gas company having purchased and absorbed a competing-natural gas company is estopped to restore and continue an invalid limitation of rights prescribed by ordinance against the latter. Dustin,. J.</p> <p>[Syllabus approve