Harrison Electric Co. v. Citizens' Ice & Storage Co.
Supreme Court of Arkansas
Appeal from Boone Chancery Court; Ben F. McMa-hem, Chancellor; Tbe court should have sustained demurrer to paragraph 3 of appellee’s reply, alleging that tbe Corporation Commission bad no authority to change rates in abrogation or impairment of an existing contract.
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Appeal from Boone Chancery Court; Ben F. McMa-hem, Chancellor; Tbe court should have sustained demurrer to paragraph 3 of appellee’s reply, alleging that tbe Corporation Commission bad no authority to change rates in abrogation or impairment of an existing contract. Such contracts are subject to tbe power of the State to regulate public utilities. 145 Ark. 205. Tbe notice of tbe application for an increase in rates was published twice in 2 weekly newspapers as required by tbe Commission. The act provides for a contest of rates before tbe Commission and for an appeal. The alleged contract was…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a domestic corporation owning and operating the electric light plant at Harrison, Arkansas, and appellee, Citizens Ice & Storage Company, is an industrial consumer of electric current and a patron of appellant. Appellee claims the right under a contract with appellant’s predecessor to obtain electric current for its manufacturing plant at the maximum rate of $400 per month. ■ Appellant changed the rate on April 1, 1920, after having filed the same with the Corporation Commission, but appellee refused to pay the increased rate. Appellant then cut off the supply of electric…
2Cases cited8 opinions
- Kansas City Southern Railway Co. v. C. H. Albers Commission Co.Supreme Court of the United States · 1912
- Texas & Pacific Railway Co. v. Cisco Oil MillSupreme Court of the United States · 1907
- Berwind-White Coal Mining Co. v. Chicago & Erie RailroadSupreme Court of the United States · 1914
- Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
- Clear Creek Oil & Gas Co. v. Fort Smith Spelter Co.Supreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. Arkansas Power & Light Co.Court of Appeals for the Eighth Circuit · 1948
- Arkansas Natural Gas Co. v. Norton Co.Supreme Court of Arkansas · 1924
- Colton v. Commonwealth Edison Co.Appellate Court of Illinois · 1953
- Southeastern Land Co. v. Louisville Gas & Electric Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Paragould v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1926
2 more not listed; retrieve them via the Exa API.