Natatorium Co. v. Erb
Idaho Supreme Court
Original application for Writ of Prohibition. A Public Service Commission is without power to compel a hearing before it, of a private corporation, over which it has no jurisdiction. {Qmnby v. Public Service Commission, 223 N. T. 244, P. U. R. 1918D, 30, 3 A. L. R. 685, 119 N. E. 433, 22 R. C. L., p. 21, see. 20.) The question of whether or not plaintiff is a public utility is a judicial question. {Neil v. Public Utilities Commission, 32 Ida. 44, 178 Pac. 271.) In this ease…
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Original application for Writ of Prohibition. A Public Service Commission is without power to compel a hearing before it, of a private corporation, over which it has no jurisdiction. {Qmnby v. Public Service Commission, 223 N. T. 244, P. U. R. 1918D, 30, 3 A. L. R. 685, 119 N. E. 433, 22 R. C. L., p. 21, see. 20.) The question of whether or not plaintiff is a public utility is a judicial question. {Neil v. Public Utilities Commission, 32 Ida. 44, 178 Pac. 271.) In this ease the question has been determined by a district court adversely to the defendants. In other words, the plaintiff’s status…
1Opinion of the CourtBudge, J.
This is an original application for writ of prohibition to prohibit and restrain the Public Utilities Commission of Idaho from proceeding with the hearing of an order to show cause in the matter of rates charged by the Natatorium Company for hot-water service, or with any other matter relating to the regulating of the rates of said company for such service until final determination by the courts of the question whether plaintiff is a public utility. Upon the filing of plaintiff’s affidavit, an alternative writ was issued by this court, and defendants have demurred to the affidavit and moved…
2Cases cited6 opinions
- Comrs. of Mason v. GriffinIllinois Supreme Court · 1890
- Olden v. PaxtonIdaho Supreme Court · 1915
- Rust v. StewartIdaho Supreme Court · 1901
- Bellevue Water Co. v. StockslagerIdaho Supreme Court · 1895
- Willman v. Disrict CourtIdaho Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Rim View Trout Co. v. Idaho Department of Water ResourcesIdaho Supreme Court · 1991
- Pfirman v. Probate CourtIdaho Supreme Court · 1937
- State ex rel. North Carolina Utilities Commission v. New Hope Road Water Co.Supreme Court of North Carolina · 1958
- McNeal v. Idaho Public Utilities CommissionIdaho Supreme Court · 2006
4 more not listed; retrieve them via the Exa API.