Legal Opinion

Banks v. Columbia Ry., Gas & Electric Co.

Supreme Court of South Carolina

Decided November 28, 1919No. 10293PublishedCited by 8 opinions

Controversy without action by William Banks and others against the Columbia Railway, Gas & Electric Company. Judgment for plaintiffs, and defendant appeals. submits: The intention of the legislature can he gathered only from a literal interpretation of the language used in the statute, which is plain and unambiguous: 99 S. C. 218; 82 S. E. 1048; 62 S. C. 57; 39 S. C. 810; 13 S. C. 46. The statute contains a highly penal clause and must he strictly construed: Criminal Code,…

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Controversy without action by William Banks and others against the Columbia Railway, Gas & Electric Company. Judgment for plaintiffs, and defendant appeals. submits: The intention of the legislature can he gathered only from a literal interpretation of the language used in the statute, which is plain and unambiguous: 99 S. C. 218; 82 S. E. 1048; 62 S. C. 57; 39 S. C. 810; 13 S. C. 46. The statute contains a highly penal clause and must he strictly construed: Criminal Code, sec. 276; 73 S. C. 36.

1Opinion of the Court

November 28, 1919. The opinion of the Court was delivered by This is a controversy without action to obtain the decision of the Court as to defendant's liability to pay the expenses of an investigation made by the Public Service Commission, in July, 1919, of the rates charged by defendant for gas. The rates were found to be unreasonably high, and defendant was required to reduce them.

The commission then demanded of defendant payment of the expenses of the investigation. The account presented included the per diem and personal expenses of the commissioners during the investigation, which…

2Cases cited5 opinions

  1. State Co. v. JonesSupreme Court of South Carolina · 1914
  2. Lancaster v. Barnwell CountySupreme Court of South Carolina · 1894
  3. Kershaw County v. Richland CountySupreme Court of South Carolina · 1901
  4. Scott v. AlexanderSupreme Court of South Carolina · 1887
  5. Campbell v. SandersSupreme Court of South Carolina · 1894

3Cited by8 opinions

  1. Independence Ins. v. Independent Life & Acc. Ins.Supreme Court of South Carolina · 1950
  2. State v. LewisSupreme Court of South Carolina · 1927
  3. Robson v. Cantwell, SupervisorSupreme Court of South Carolina · 1928
  4. South Carolina Public Service Authority v. Spearwant Liquidating Co.Supreme Court of South Carolina · 1942
  5. Dill v. Lumbermens Mutual Ins. Co.Supreme Court of South Carolina · 1949

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