Owensboro Gaslight Co. v. Hildebrand

• Decision Date: 05 October 1897
• Citation: Owensboro Gaslight Co. v. Hildebrand, 42 S.W. 351 (Ky. Ct. App. 1897)
• Parties: OWENSBORO GASLIGHT CO. v. HILDEBRAND. OWENSBORO ELECTRIC CO. v. SAME.
• Court: Kentucky Court of Appeals

42 S.W. 351

OWENSBORO GASLIGHT CO. v. HILDEBRAND.

OWENSBORO ELECTRIC CO. v. SAME.

Court of Appeals of Kentucky.

October 5, 1897

Appeal from circuit court, Daviess county.

"Not to be officially reported."

Actions by J. J. Hildebrand against the Owensboro Gaslight Company and the Owensboro Electric Company.Judgment for plaintiff and defendants appeal.Affirmed.

J. D Powers and W. S. Morrison, for appellants.

C. S Walker and G. W. Gates, for appellee.

HAZELRIGG J.

The Owensboro Gaslight Company and the Owensboro Electric Company are not given, in express terms, exclusive right to manufacture and furnish gas in the city of Owensboro, but the companies are given the use of the streets and public ways of the city for the purpose of laying the mains and pipes and other appliances in the maintenance of its work.The companies may also acquire the use of lands for their business by writs ad quod damnum.Their business, therefore is affected with public interest, and they are quasi public corporations, and practically they have a monopoly of the business of manufacturing and furnishing gas within the corporate limits of the city.It is therefore their duty to furnish the city's inhabitants with gas, and to do so upon terms and conditions common to all, and without discrimination.They cannot fix a variety of prices, or impose different terms and conditions, according to their caprice or whim.They may,...