Public Utilities Commission of Kansas v. Wichita R. & Light Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the Wichita Railroad & Light Company against the Public Utilities Commission of the State of Kansas and others. Decree for complainant, and defendants appeal.
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Appeal from the District Court of the United States for the District of Kansas; John C. Pollock, Judge. Suit by the Wichita Railroad & Light Company against the Public Utilities Commission of the State of Kansas and others. Decree for complainant, and defendants appeal. This action was instituted by the appellee against the Public Utilities Commission of the state of Kansas, to restrain the commission from putting into effect an order authorizing the Kansas Gas & Electric Company to add a surcharge to its rates for electricity furnished to consumers in the state of Kansas, classified…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). The learned trial judge'held that, although appellee had a contract with the Gas & Electric Company made on May 2, 1910, to remain in force until November 30, 1930, the Commission could, under the police power of the state, to prevent injustice, and unreasonable and extortionate rates *41for service by the Gas & Electric Company, exercise the power to raise the rates, if necessary to prevent a loss, but that the facts disclosed by the record did not justify the making of the order to add a surcharge on the rates fixed'by the contract with the plaintiff.
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2Cases cited15 opinions
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Union Dry Goods Co. v. Georgia Public Service Corp.Supreme Court of the United States · 1919
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
- State Public Utilities Commission ex rel. City of Springfield v. Springfield Gas & Electric Co.Illinois Supreme Court · 1919
- Producers Transportation Co. v. Railroad CommissionSupreme Court of the United States · 1920
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3Cited by13 opinions
- Cudahy Packing Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1928
- Commonwealth ex. rel. Page Milling Co. v. Shenandoah River Light & Power Corp.Supreme Court of Virginia · 1923
- Nowata County Gas Co. v. Henry Oil Co.Court of Appeals for the Eighth Circuit · 1920
- Consolidated Flour Mills Co. v. Kansas Gas & Electric Co.Supreme Court of Kansas · 1925
- United States v. Oklahoma Gas & Electric Co.Court of Appeals for the Eighth Circuit · 1924
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