Public Utilities Reports

Front Cover
Henry Clifford Spurr, Ellsworth Nichols
Lawyers Cooperative Publishing Company, 1920 - Law reports, digests, etc

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Page 88 - And, in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses...
Page 5 - ... classification, regulation, or practice thereafter to be observed, in such manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination. Such rates, fares, charges, classifications, regulations, and practices shall be observed while in effect by the carriers parties to such proceeding affected thereby, the law of any State or the decision or order of any State authority to the contrary notwithstanding.
Page 966 - No public utility shall, with respect to any transmission or sale subject to the jurisdiction of the Commission, (1) make or grant any undue preference or advantage to any person or subject any person to any undue prejudice or disadvantage, or (2) maintain any unreasonable difference in rates, charges, service, facilities, or in any other respect, either as between localities or as between classes of service.
Page 745 - They form a portion of that immense mass of legislation; which embraces everything within the territory of a State, not surrendered to the general government; all which can be most advantageously exercised by the States themselves.
Page 5 - ... prescribe the rate, fare, or charge, or the maximum or minimum, or maximum and minimum, thereafter to be charged, and the classification, regulation, or practice thereafter to be observed ; in such manner as, in its judgment, will remove such advantage, preference, prejudice, or discrimination.
Page 665 - The exercise of the right of eminent domain shall never be abridged, or so construed as to prevent the General Assembly from taking the property and franchises of incorporated companies, and subjecting them to public use, the same as the property of individuals; and the exercise of the police power of the State shall never be abridged or so construed as to permit corporations to conduct their business in such manner as to infringe the equal rights of individuals or the general well-being of the State.
Page 476 - If there was such proof, whether there was, upon all the evidence, such a preponderance of proof, against the existence of any of those facts, that the verdict of a jury, affirming the existence thereof, rendered in an [219 NY] Opinion, per CUDDEBACK, J. [Oct., action in the Supreme Court, triable by a jury, would be set aside by the court, as against the weight of evidence.
Page 771 - Before coming to the question of profit at all the company is entitled to earn a sufficient sum annually to provide not only for current repairs but for making good the depreciation and replacing the parts of the property when they come to the end of their life. The company is not bound to see its property gradually waste, without making provision out of earnings for its replacement. It is entitled to see that from earnings the value of the property invested is kept unimpaired, so that at the end...
Page 966 - No public utility shall, as to rates, charges, service, facilities or in any other respect, make or grant any preference or advantage to any corporation or person or subject any corporation or person to any prejudice or disadvantage.
Page 768 - The basis of calculation is the 'fair value of the property' used for the convenience of the public. Smyth v. Ames, 169 US 466, 546. Or as it was put in San Diego Land & Town Co. v. National City, 174 US 739. 'What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.

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