122 Minn. 348 | Minn. | 1913
The city of Waseca owns and operates an electric light and power plant which was installed at public expense for the purpose of furnishing electric light and power to its inhabitants.
Relator, W. J. Armstrong Co., operates a mercantile business in Waseca and, as part of its business, has established and equipped a bottling works, which requires, for its operation, electric power. In order to operate said plant, relator installed two three-phase electric motors with the intention of operating them by electric current to be furnished by the city. Having installed its motors, relator made application to the water and light board, requesting said board to connect its plant with the city system and to furnish electric current and power. Said board refused to do so, on the ground that’ it could not furnish power to operate relator’s three-phase motors without the installation of two transformers. It appears that such transformers would cost, if purchased new, about $80. It further appears that transformers were not in general use in the city. The board advised relator that, if it would install one-phase motors, the city could furnish power without the use of such transformers and would immediately do so.
Relator' instituted this mandamus proceeding to compel the city and its water and light board to install the service applied for. The trial court denied the writ. From an order denying a motion for a new trial, relator appeals.
Kelator was engaged in a legitimate business. It found it necessary or advantageous to install three-phase motors, as best adapted to the needs of that business. It demanded that power be furnished. It was the duty of the city to furnish such power and to install such appliances as were necessary for that purpose.
This rule is well sustained by authority. Either the city or a pri- ■ vate utility company may require special rates proportioned to the expense of the particular service, (Souther v. City, 187 Mass. 552, 73 N. E. 558, 69 L.R.A. 309;) may exact a minimum charge, (Gould v. Edison, 29 Misc. 241, 60 N. Y. Supp. 559;) may require the installation of meters and other necessary appliances at the consumer’s expense, (Shaw v. City, 199 Mass. 118, 85 N. E. 90, 18 L.R.A.(N.S.) 746, 15 Ann. Cas. 377; State v. Gosnell, 116 Wis. 606, 93 N. W. 542, 61 L.R.A. 33; Sheffield Water Works Co. v. Bingham, L. R. 25 Ch. Div. 443;) may exact a meter rental, (Smith v. Capital, 132 Cal. 209, 64 Pac. 258, 54 L.R.A. 769;) or may require a deposit to secure its fair return, (Williams v. Gas Co. 52 Mich. 499, 18 N. W. 236, 50 Am. Rep. 266; Shepard v. Milwaukee, 6 Wis. 539, 548, 70 Am. Dec. 479.) The one essential rule in all such cases is that, whatever the charge, it must apply uniformly to all persons similarly situated, Shaw v. City, supra, to the end that there shall be no discrimination.
Order reversed and new trial granted.