City of Durham v. Public Service Co. of North Carolina, Inc.

Defendant has not, so far as this record discloses, filed an answer, and yet two-thirds of its brief is taken up with a discussion of what would seem from the briefs to be the ultimate issues when it files its answer, and the answers to which issues will dispose of the case. Defendant in its brief discusses these questions under two headings, which it entitles as follows: One. “The provision in section 10 of the franchise limiting the defendant’s right to apply to the Utilities Commission for authority to increase its rates 'is beyond the authority of the city and is not an enforceable…