Legal Opinion

De Pauw University v. Public Service Commission of Oregon

District Court, D. Oregon

Decided July 8, 1918PublishedCited by 3 opinions

In Equity. • Suit by the De Pauw University and others against the Public Service Commission of Oregon and Frank J. Miller and others, as members of said Commission and as individuals.

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In Equity. • Suit by the De Pauw University and others against the Public Service Commission of Oregon and Frank J. Miller and others, as members of said Commission and as individuals. This is 'a' suit by the plaintiffs, as bondholders, and by the trustees under a mortgage securing an issue of $100,000 of bonds by the J. F. Luse Company, an Oregon corporation, against the Public Service Commission of Oregon and the. individual members thereof, to secure an injunction restraining the commission and its members from enforcing an order of the commission reducing the rates charged by the J. F.…

1Opinion of the CourtBean, District Judge

(after stating the facts as above). [1] The evidence as taken on the trial shows clearly that neither the plaintiff nor its predecessors in interest were ever engaged in the business of selling or furnishing water to all who might apply within a given area, nor did either of them ever hold themselves out as ready and willing to do so. They were engaged in selling their own land, agreeing to furnish water on certain terms and conditions to the purchasers, and no others. They merely undertook to furnish water in fulfillment of a private contract with certain individuals selected by them, and…

2Cases cited3 opinions

  1. Thayer v. California Development Co.California Supreme Court · 1912
  2. Del Mar Water, Light & Power Co. v. EshlemanCalifornia Supreme Court · 1914
  3. De Pauw University v. Public Service Commission of OregonDistrict Court, D. Oregon · 1917

3Cited by3 opinions

  1. Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
  2. Central Trust Co. v. Calumet Co.Appellate Court of Illinois · 1931
  3. Davies Warehouse Co. v. BrownEmergency Court of Appeals · 1943

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