115 P. 44 | Mont. | 1911
delivered the opinion of the court.
The purpose of this application was to compel the defendant to furnish to the relator electricity to light his residence in the city of Butte. In his affidavit the relator alleges that he is a resident of that city, and defendant is a corporation organized and existing under the laws of the state of New Jersey, and authorized to do business in the state of Montana; that it is and
The defendant’s answer admits all the material allegations in the affidavit, except as to the damages. These latter it denies. As a justification for its action and as cause why relator is not entitled to relief, it alleges the following: “That for more than one year last past, and next before the nineteenth day of October, 1910, this defendant has been a public service corporation, and at all times engaged in furnishing and supplying to the
It is conceded by defendant — and the concession is proper— that a company authorized under a franchise to carry on a
It is likewise properly conceded by the relator that such a company may adopt and enforce whatever rules and regulations, or pursue any course of conduct it may deem necessary to protect its interests, providing they are reasonable, and that a rule
These concessions narrow the inquiry down to the specific question: Is the rule upon which the defendant relies a reasonable one? In State ex rel. Milsted v. Butte City Water Co.,
By interposing a general demurrer to defendant’s answer, the relator admitted the truth of its allegations, and, so far as they state probative facts, this court must assume them to be
Defendant contends that it is admitted that it is a public service corporation engaged in supplying the inhabitants of Butte with both gas and electricity, and that it may refuse to sell either to any person who has been guilty of a larceny of the other, so long as he refuses to pay the value of the quantity stolen. For present purposes, and in view of the facts stated by relator in his affidavit, it may be assumed that it sufficiently appears from the answer that the defendant is a corporation engaged in supplying the inhabitants of Butte with electricity, with the powers and privileges conferred by its charter, and a
Upon the facts as presented in this case, the relator was entitled to have the defendant furnish to him electricity upon the same footing with every other citizen. The defendant might prosecute him in the courts for a violation of the law, but could not assume to itself the power to punish him for the violation of a rule which it had no power to adopt. The demurrer was properly sustained.
The judgment is affirmed.
Affirmed.