Louisville Gas Co. v. Dulaney & Alexander. Same v. Stone

• Decision Date: 14 January 1897
• Citation: 100 Ky. 405
• Parties: Louisville Gas Co. v. Dulaney & Alexander. Same v. Stone.
• Court: Kentucky Court of Appeals

Page 405

100 Ky. 405

Louisville Gas Co. v. Dulaney & Alexander.

Same v. Stone.

Court of Appeals of Kentucky.

January 14, 1897.

APPEALS FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION.

HUMPHREY & DAVIE FOR APPELLANT.

DULANEY & ALEXANDER, STONE & SUDDUTH, J. M. CHATTERSON, AND LAF. JOSEPH FOR APPELLEES.

JUDGE HAZELRIGG DELIVERED THE OPINION OF THE COURT:

The charter of the appellant confers on it the exclusive privilege of erecting, maintaining and operating gas works in the city of Louisville for the manufacture and sale of gas for illuminating purposes, and section 12 thereof provides that "said company shall furnish illuminating gas to private consumers who may apply therefor, under reasonable rules and regulations to be prescribed by the company, at a price not to exceed one dollar and thirty-five cents for one thousand cubic feet, less a discount of five cents per one thousand cubic feet, to all persons, including the city, except as to street lamps, paying their bills within five days after same are due." * * The appellees are private consumers of the appellant's gas, and upon their refusal to pay a charge for meter rent the company was about to shut off the supply. This the appellees enjoined, relying on the provisions of the section quoted as furnishing the total charge for gas to which they could be subjected.

The meter rent is sought to be upheld as a "reasonable rule and regulation," within the meaning of those terms in the charter, and is not imposed on consumers, as appears from the answer, unless they fail to use a certain minimum amount of gas in a given month.

This process of charging rent is illustrated by the memorandum on the back of the gas bills on file, as follows:

"METER RENT.

"3 light meter, consuming 500 cubic feet or less, 10 cents per month.

"5 light meter, consuming 800 cubic feet or less, 12 cents per month.

"10 light meter, consuming 1,000 cubic feet or less, 15 cents per month.

"20 light meter, consuming 1,200 cubic feet or less, 17 cents per month.

"30 light meter, consuming 1,500 cubic feet or less, 20 cents per month.

"45 light meter," etc.

Appellees, Dulaney & Alexander, used (in their law office) a three-light meter, and, having consumed in a given month only 200 cubic feet, were charged ten cents in addition to the regular price of the gas. Appellee Stone used a thirty-light meter (in his residence), and, having consumed less than 1,500 cubic feet in three given months, was charged sixty cents in addition to the price of the gas.

It is averred in the answers that there are many persons in the city to whose fixtures in their houses, stores and offices the appellant has attached its pipes, but who procure their lights from certain electric light companies, and who use the gas light furnished by the appellant only...