State ex rel. Kells v. New Orleans Gas Light Co.

Citations

• 108 La. 67

Syllabus

<p>Syllabus.</p> <p>1. Mandamus, under the Common Law, is usually issued to enforce the performance of public rights and duties. Mandamus runs to a corporation to compel the performance of an act which the law especially enjoins as a duty resulting from an office, trust, or station. Encyclopedia of Pleading and Practice, Vol. 13, p. 493..</p> <p>2. The Louisiana codal provisions -are broader than under the Common Law.</p> <p>3. The evidence shows that the consumer who has two sets or lines of pipes and two meters may discontinue one and use the other. One set may be plugged or capped or taken out entirely. This being the case, it follows that the consumer who has one set of pipes and a meter may after proper notice to the company, and after having complied with its regulations regarding plumbing and safeguarding the company’s interests, discontinue the use of the illuminating gas entirely and use fuel gas.</p> <p>4. In some instances fuel gas is supplied through a-separate system, not varying to any material extent from relator’s set of pipes and meter.</p> <p>5. The plumbing must be done according to the company’s requirement and re port made and certificate issued.</p>