Sayre Land Co. v. Pennsylvania Public Utility Commission

Dissenting Opinion by

Flood, J.:

I join in Judge Wright’s dissent. A number of considerations compel me to this conclusion.

1. None of the cases cited by the majority indicates that an owner of public utility property is not itself a public utility when it owns practically all of the facilities used or useful in the service being rendered to the public and transfers such property only on a year to year basis to another company which receives merely a fixed nominal sum for operating the facilities, all prof*445its over and above such sum being retained by the owner.

2. We do not have here a situation…