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GAS COMPANY v. PEORIA

No. 33.

200 U.S. 48 (1906)

26 S.Ct. 214

50 L.Ed. 365

PEORIA GAS AND ELECTRIC COMPANY v. PEORIA.

Supreme Court of United States.

Decided January 2, 1906.

Attorney(s) appearing for the Case

Mr. E.C. Ritsher, and Mr. W.T. Abbott with whom Mr. W.T. Irwin was on the brief, for appellant.

Mr. Winslow Evans for appellee.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

This case was tried on one theory and decided on another. While that does not always and necessarily constitute error, yet, under the circumstances, as disclosed by the record, we are of opinion that injustice has probably resulted and that there should be a reversal of the decree and a further examination in the Circuit Court. As...

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