Lane

This is an action for damages for the discontinuance by defendant of the service of gas to plaintiff’s premises.

The defendant had a verdict from a jury, and from the judgment entered upon it the plaintiff appeals.

The pertinent facts of the case are few; the questions of law arising therefrom simple. A meter was installed by defendant on plaintiff’s premises on January 18, 19-18, for measuring the gas used by plaintiff. The defendant supplied gas to plaintiff measured through this meter until February 24, 1919. During this period defendant presented bills monthly to plaintiff for the gas consumed as indicated by this meter, and these bills were paid by plaintiff. About December 13, 1918, defendant discovered that the meter did not register correctly, and installed on that date a new meter. This new meter registered more gas than the old meter. Thereupon the defendant estimated a quantity of gas which it claimed plaintiff had used in excess of that registered by the former meter during the time the latter was in operation, and presented a bill of $26.30 for the same. Plaintiff disputed the bill and refused to pay it. She was willing to pay for all gas registered by the meters,…