147 Iowa 626 | Iowa | 1910
The defendant is a corporation engaged in
On the trial the facts, as recited, were established, and also that, though the company had no formal rule on the subject, it had been customary when an applicant was unknown or was deemed not to be responsible to require a deposit or the contract to be signed by some responsible party, and several hundred of its patrons had complied therewith. The manager testified that such custom was reasonable and obtained elsewhere, and that he had reason to believe that plaintiff was not responsible, and that he was slow in his accounts, but, on cross-examination, admitted that his real reason for believing plaintiff not responsible was because of the suit mentioned, and that he knew of him failing to avail himself of the discount by paying 'for each month’s gas within fifteen days after due but once, and that was owing to the company applying the amount of the bill on fixtures. No similar demand ever had been made on him before, and the record is convincing that in requiring the deposit or security as a condition to installing the meter the company was actuated solely by petty
Corporations or persons who undertake to supply a demand which is “affected with a public interest” are not a law unto themselves, but are required to supply all alike who are alike situated, and are not permitted to discriminate in favor of or against any. By accepting from the city a franchise to lay pipes and mains in the streets and alleys and through them furnish the inhabitants and the public with fuel, illuminating, and power gas, the company assumed a public duty. That duty was to supply gas at reasonable rates to all the inhabitants of the city, and to charge each the same price and furnish on the same terms as it did to every other for like service under the same or similar conditions. Haugen v. Albina Light & Water Co., 21 Or. 411 (28 Pac. 244, 14 L. R. A. 424); Williams v. Mutual Gas Co., 52 Mich. 499 (18 N. W. 236, 50 Am. Rep. 266); Shepard v. Milwaukee Gaslight Co., 6 Wis. 539 (70 Am. Dec. 479); Owensboro Gas Co. v. Hildebrand (Ky.) 42 S. W. 351; American Waterworks Co. v. State, 46 Neb. 194 (64 N. W. 711, 30 L. R. A. 447, 50 Am. St. Rep. 610). See Huffman v. Telephone Co., 143 Iowa, 590. Such a company may adopt reasonable rules or regulations for the management of its affairs. Cedar Rapids Gaslight Co. v. City of Cedar Rapids, 144 Iowa, 426. The evidence discloses that it had been the custom to exact a money deposit or the signature of a person known to. be responsible whenever the applicant was unknown or known to be irresponsible. The delivery of gas necessarily is its consumption. The amount can only be ascertained as consumed. The company is bound to furnish on application, and it is but just that it be not compelled to supply unknown or irresponsible persons therewith without assurance in some form that it will receive compensation. The adoption of a formal rule exacting security seems unnecessary if there is a well-