Fair v. Home Gas and Electric Co.

ALLEN, P. J.

The complaint alleges the incorporation of defendant and that it is engaged in the business of supplying heating and illuminating gas to the inhabitants of the city of Redlands in San Bernardino county; that between June 26, 1908, and July 28,1908, plaintiff was the occupant and inhabitant of a certain building and premises in the city of Red-lands, which building and premises are and were throughout said period distant not more than one hundred feet from one of defendant’s gas mains; that on the date first named defendant connected said building and premises with one of its mains, and until July 28th supplied gas to plaintiff for said building and

premises;

that upon said last-named date, without plaintiff’s consent, defendant discontinued the supply of gas to said building, shutting off the same therefrom, without making any demand whatever on plaintiff for the payment of any sum on account of gas theretofore used; that on July 29, August 14 and August 24, 1908, plaintiff made demand in writing of defendant that it supply him with gas for said building and premises; that from July 28th until the filing of the complaint no gas was supplied to said building or premises; that on July 28th and 29th at the time plaintiff’s written demand upon defendant to supply him with gas was made, plaintiff was not in arrears for the payment of gas supplied; that defendant’s sole purpose in removing the meter and shutting off the supply of gas was to annoy and. injure plaintiff; that de-

[591]

fendant demanded of plaintiff a cash deposit or bond of indemnity against loss as a condition of again installing the meter in said premises and supplying gas; that this was an arbitrary discrimination against plaintiff; that no other consumers were required to make a deposit of ten dollars, and that such exaction was to spite, harass and annoy plaintiff. That from July 28th until the time of the filing of the complaint herein plaintiff resided in said building and premises, and during that time has been without any heating or illuminating gas; that on October 28, 1908, plaintiff demanded of defendant the payment of fifty dollars and five dollars per day from August 9, 1908, said sums being damages fixed by law for defendant’s failure to supply him with gas; and he asked judgment accordingly.