Legal Opinion · Dissent

Pennsylvania Telephone Corp. v. Pennsylvania Public Utility Commission

Superior Court of Pennsylvania

Decided April 27, 1943No. Appeals, 108Published

1Dissent

Dissenting Opinion by

Rhodes, J.:

I would affirm the final order of the commission. In the first place, as I view it, a fundamental error in the majority opinion is the conclusion “that the Commission overstepped the bounds of proper regulation and assumed the role of manager in directing the change in service.” The discretionary power of management is limited to the internal affairs of the utility, which do not affect the public interest; and the commission’s power to regulate extends to the relationship of the utility to the- public. The use of the “automatic cutoff” in this case falls in the…

2Cases cited13 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Rochester Telephone Corp. v. United StatesSupreme Court of the United States · 1939
  3. Mississippi Valley Barge Line Co. v. United StatesSupreme Court of the United States · 1934
  4. American Telephone & Telegraph Co. v. United StatesSupreme Court of the United States · 1936
  5. Swayne & Hoyt, Ltd. v. United StatesSupreme Court of the United States · 1937

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