Response or Comment
In Consumers' Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 189 N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities." The suit was brought by a retail coal dealer to enjoin the city from carrying out the intended project; the court below sustained the city's demurrer to the bill. The supreme court reversed this decision, holding that the city should be enjoined from going on with the enterprise.
Holbrook, Evans. "Is a Municipal Fuel Yard a 'Public Service Plant'?" Mich. L. Rev. 21 (1923): 455-7.