Laclede Gaslight Co. v. Gas Consumers' Ass'n.

• Citation: 106 S.W. 91,127 Mo. App. 442
• Parties: LACLEDE GASLIGHT CO. v. GAS CONSUMERS' ASS'N.
• Decision Date: 19 November 1907
• Court: Court of Appeal of Missouri (US)

106 S.W. 91

127 Mo. A. 442

LACLEDE GASLIGHT CO. v. GAS CONSUMERS' ASS'N.

St. Louis Court of Appeals, Missouri.

November 19, 1907.

Rehearing Denied December 17, 1907.

1. FIXTURES—GAS PIPES.

Where no agreement was made between a gas company and house owners concerning the pipes used by the company to make meter connections with the house pipes, the pipes which were used to make the connections did not become fixtures.

2. GAS—PIPES AND APPLIANCES—RIGHTS OF GAS COMPANY.

Though a gas company furnished some inside pipe, which it was under no obligation to furnish, and so connected such pipe with its meter that it could not be removed by the house owner, or cut without interfering with the meter, the gas company did not thereby acquire exclusive control over the gas after it left the meter, nor the right to prohibit the owner, or any one for him, from placing upon the pipe a governor to regulate the gas pressure.

3. SAME.

Where a house owner permitted a gas company to furnish inside pipe, which it was under no obligation to furnish, neither the owner nor

any one for him, could cut such pipe for the purpose of placing a governor thereon, if, in doing so, the meter would be thrown out of plumb, caused to leak, or its parts and connections or seals be broken.

4. SAME—RIGHT TO INJUNCTION—DECREE—REQUIREMENTS OF.

Where injuries to a gas company's meters, caused by interfering with its connections by a company installing appliances to regulate the flow of gas, were oft-recurring, and no adequate compensation in damages could be had therefor, the gas company was entitled to enjoin the interference with its connections, but not to restrain the exercise of the inherent right of the owner to have the gas governors instituted, and such right should be protected by the decree awarding the injunction.

5. SAME.

A decree restraining a company installing appliances to regulate the flow of gas, from interfering with a gas company's meter connections, but permitting the appliances to be installed upon compliance with certain directions, should authorize the company placing the appliances to remove the same, under proper restrictions, on refusal or failure of the customers to pay the agreed rent for their use.

Appeal from St. Louis Circuit Court; Daniel D. Fisher, Judge.

Bill by the Laclede Gaslight Company against the Gas Consumers' Association to restrain defendant from interfering with plaintiff's meters, pipes, etc. From a decree granting an injunction, defendant appeals. Reversed and remanded, with directions to modify decree.

O. J. Mudd, for appellant. Percy Werner, for respondent.

BLAND, P. J.

Plaintiff and defendant are both corporations doing business in the city of St. Louis. Plaintiff manufactures and supplies gas to resident and business houses in said city for illuminating and fuel purposes. Its gas is carried to the consumer, by pressure and force of gravity, through pipes laid by the company. Plaintiff's service pipes penetrate the basement walls of the buildings where gas is consumed, and are there connected with meters furnished and installed by plaintiff at its expense. The pipes, leading from the gas mains laid in the streets to the houses, are called inlet or service pipes, and the gas flows through these pipes into the meter, and from the meter into the house pipes, which are connected with the meter. What are termed in the evidence "the house pipes" are installed by the owner of the house, and run horizontally between the floor and the ceiling of the basement, and are ordinarily brought near the place where the meter is to be located, and are connected with the meter by nipples, and, when necessary, additional pipes are furnished by the gas company. A nipple only is used when the house pipes reach within eight inches of the meter; when they do not, additional pipe must be used to make the connection. A nipple in gas fitting, according to the evidence, is a piece of gas pipe eight inches or less in length, with threads cut on either end. In installing meters the company supplies the nipples, and, generally, additional pipe when necessary to connect the meter with the house pipe, if the distance does not exceed 12 feet; if the distance is more than 12 feet, the owner of the house is expected to furnish the extra pipe. From the oral and photographic evidence in the record, it appears that prior to 1903 plaintiff company used lead pipe to make meter connections; that during the year 1903, it took out all the old meters and lead pipe, installed new meters, and made the connections with iron pipe, and sealed these connections. The reasons given for making this change are that the iron pipes hold the meter in a rigid position, whereas the lead pipes did not do so; that the iron pipes prevent the meters from getting out of plumb, and the lead ones did not; that the iron pipes were installed for the further reason it was an easy matter to disconnect the meter from the lead pipes, and then connect the service pipe with the house pipes by means of a rubber tube, and that this practice had been indulged in by some of plaintiff's patrons, to the loss of plaintiff. Another reason for making the change was to prevent the defendant company from attaching its governor to the inside pipes furnished by plaintiff. The gas regulator is described as follows: "An automatic machine for governing and regulating the pressure of gas; it is placed on the pipes after the gas has passed the meter; our...