Legal Opinion · Dissent

Railroad Commission v. Pacific Gas & Electric Co.

Supreme Court of the United States

Decided January 3, 1938No. 804Published

1DissentJustice Butler

The district court held that the commission refused to consider the company’s evidence of the cost of reproduction and failed to find the value of the property used to furnish the gas covered by the challenged rates. On that basis of fact, it was bound by our decisions to set aside *402the order as repugnant to the due process clause of the Fourteenth Amendment.1

This Court holds that the commission did consider the cost of reproduction and that error, if any, in appreciation of that item of evidence would not be a denial of due process. But as to whether the commission found or did not find…

2Cases cited50 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Olson v. United StatesSupreme Court of the United States · 1934
  3. The Minnesota Rate CasesSupreme Court of the United States · 1913
  4. Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
  5. Bluefield Water Works & Improvement Co. v. Public Service CommissionSupreme Court of the United States · 1923

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