Legal Opinion

Virginia-Western Power Co. v. City of Clifton Forge

Supreme Court of Virginia

Decided June 12, 1919PublishedCited by 18 opinions

Appeal from the State Corporation Commission. The above-entitled cases are separate appeals from a similar order of the State Corporation Commission in each case refusing to approve the schedule of rates hereinafter mentioned so far as they apply to services within the corporate limits of the cities and towns which are the defend- • ants in error before us, on the ground that, such rates being in excess of those agreed upon in the franchises hereinafter mentioned, the…

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Appeal from the State Corporation Commission. The above-entitled cases are separate appeals from a similar order of the State Corporation Commission in each case refusing to approve the schedule of rates hereinafter mentioned so far as they apply to services within the corporate limits of the cities and towns which are the defend- • ants in error before us, on the ground that, such rates being in excess of those agreed upon in the franchises hereinafter mentioned, the commission is without authority or jurisdiction to approve of them. The plaintiff in error, the Virginia-Western Power Company…

1Opinion of the Court

Sims, J.,

after making1 the foregoing statement, delivered the following opinion of the court:

The assignments of error raise the questions which will be passed upon in their order as considered below.

The controlling question in the cases before us is this—

[1] 1. Were the municipalities (the defendants in error), in the granting of the franchises involved in these cases, expressly vested at the time of the granting thereof with unlimited, authority to contract with the grantee of such franchises on the subject of fixing the rates' which might be charged for the services rendered the public…

2Cases cited50 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
  3. Home Telephone & Telegraph Co. v. City of Los AngelesSupreme Court of the United States · 1908
  4. Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
  5. Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896

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3Cited by18 opinions

  1. City Council v. Superior CourtCalifornia Court of Appeal · 1960
  2. Mill Creek Coal & Coke Co. v. Public Service CommissionWest Virginia Supreme Court · 1919
  3. City of Richmond v. Virginia Bonded Warehouse Corp.Supreme Court of Virginia · 1927
  4. State Ex Rel. Corporation Commission v. Cannon Manufacturing Co.Supreme Court of North Carolina · 1923
  5. City of Charleston v. Public Service CommissionWest Virginia Supreme Court · 1920

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

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