Legal Opinion

Coplay Cement Manufacturing Co. v. Public Service Commission

Supreme Court of Pennsylvania

Decided July 1, 1921No. Appeal, No. 465PublishedCited by 32 opinions

Appeal, No. 465, Jan. T., 1921, by Pennsylvania Power & Light Co., from judgment of Superior Court, Oct. T., 1921, No. 16, reversing order of Public Service Commission, dismissing petition for an order to compel continuance of rates, in case of Coplay Cement Mfg. Co. v. Public Service Commission and Pennsylvania Power & Light Co. Appeal from Superior Court: 76 Pa. Superior Ct. 354. The opinion of the Supreme Court states the facts.

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Appeal, No. 465, Jan. T., 1921, by Pennsylvania Power & Light Co., from judgment of Superior Court, Oct. T., 1921, No. 16, reversing order of Public Service Commission, dismissing petition for an order to compel continuance of rates, in case of Coplay Cement Mfg. Co. v. Public Service Commission and Pennsylvania Power & Light Co. Appeal from Superior Court: 76 Pa. Superior Ct. 354. The opinion of the Supreme Court states the facts. The Superior Court reversed the order of the commission. Pennsylvania Power and Light Co. appealed. Error assigned^, among others, was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

This is an appeal from a decree of the Superior Court reversing an order of the Public Service Commission and holding that a public service company could not increase its rates while it had a prior increase complained against (before the effective date) undetermined by the commission. The Superior Court fell into error in not considering the general scope and scheme of the Public *61Service Act, and its applicability to utilities in the performance of their various obligations. It was not intended by the legislature that the commission should be a board of managers…

2Cases cited3 opinions

  1. Suburban Water Co. v. Oakmont BoroughSupreme Court of Pennsylvania · 1920
  2. New Street Bridge Co. v. Public Service CommissionSupreme Court of Pennsylvania · 1921
  3. Boyle v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1867

3Cited by32 opinions

  1. Pittsburgh v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1952
  2. Solar Electric Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1939
  3. Mountain States Telephone & Telegraph Co. v. New Mexico State Corp. CommissionNew Mexico Supreme Court · 1977
  4. Pennsylvania Power & Light Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1937
  5. Northern Pennsylvania Power Co. v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1938

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