Legal Opinion

Telluride Power Co. v. Public Utilities Commission

District Court, D. Utah

Decided August 30, 1934No. 12853PublishedCited by 3 opinions

1Opinion of the CourtLewis, Circuit Judge

(after stating the facts as above).

(We cannot agree that any opinion of the United States Supreme Court sustains the proposition that in fixing fair and reasonable rates the customer’s ability to pay and the value of the service to him are paramount and controlling. If rates are so low as to be confiscatory of the utility’s property, they, are condemned by the Fourteenth Amendment. If they are so high as to yield a greater return on the value of the property used and useful in the service than other investments made with equal risk, they are unfair to the customer and should be reduced. He is…

2Cases cited12 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Bluefield Water Works & Improvement Co. v. Public Service CommissionSupreme Court of the United States · 1923
  3. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  4. Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1915
  5. Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. MISS. PUBLIC SERV. COM'N v. Miss. Power Co.Mississippi Supreme Court · 1983
  2. State ex rel. Allain v. Mississippi Public Service CommissionMississippi Supreme Court · 1983
  3. STATE, EX REL. ALLAIN v. Miss. Pub. Serv. Com'nMississippi Supreme Court · 1983

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