State ex rel. Hallett v. Seattle Lighting Co.

Citations

• 60 Wash. 81
• 110 P. 799
• 1910 Wash. LEXIS 1013

Syllabus

<p>Appeal — Dismissal—Cessation of Controversy — Mandamus. In mandamus for tbe installation of separate gas meters in an apartment house, tbe installation of one general meter pending an appeal does not work a cessation of tbe controversy.</p> <p>Mandamus — Answer—Form—Sufficiency. An affidavit is sufficient as an answer in mandamus, where tbe allegations of tbe complaint and alternative writ were put in issue thereby and tbe same was in effect an answer, and after demurrer thereto there was a trial on tbe merits.</p> <p>Gas — Corporations—Rules. It is a reasonable regulation of a gas company to require that its • customers owning apartment bouses and desiring to install more than one meter shall provide a separate meter room on each floor or in tbe basement where all meters may be installed, where it appears that such an arrangement would be more sanitary, and there would be less danger of explosion in case of fire and less trouble and expense in making repairs and collections.</p> <p>Gas — Corporations—Rules—Waiver. Tbe waiver by a gas company of its regulations as to buildings that bad already been constructed, does not estop tbe company from enforcing tbe regulations as to new buildings constructed with notice of tbe rules.</p> <p>Costs — On Appeal — Mandamus—Relief—Dismissal. On appeal from a judgment denying a writ of mandamus to compel a gas company to install separate meters, the appellant cannot, in order to avoid costs, have a writ to compel tbe installation of one general meter, where that service was tendered tbe appellant and rejected at tbe trial below.</p>