Main Realty Co. v. Blackstone Valley Gas & Electric Co.

I am unable to agree with the majority of the court, either in their reasoning or in their conclusions. In my judgment it should be held that the doctrine of “primary jurisdiction” is in force in this state, with regard to the public utilities which are under the control of the state “division of public utilities”, as successor of the “public utilities commission.”

It is true that in the case of Texas & Pacific Ry. Co. v. Abilene Cotton Oil Co., 204 U. S. 426, in which this doctrine seems to have first been promulgated, a good deal of weight was given to the consideration, as-phrased at page…