Stoehr v. Natatorium Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoeh, Judge. Action for writ of mandate. Denied. Whether or not a corporation is a publie utility is determined by its acts and not by what its charter provides. (Terminal Taxicab Go. v. Katz, 241 U. S. 252, Ann. Cas. 1916D, 765, 36 Sup. Ct. 583, 60 L. ed. 384; State ex rel.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Reddoeh, Judge. Action for writ of mandate. Denied. Whether or not a corporation is a publie utility is determined by its acts and not by what its charter provides. (Terminal Taxicab Go. v. Katz, 241 U. S. 252, Ann. Cas. 1916D, 765, 36 Sup. Ct. 583, 60 L. ed. 384; State ex rel. M. 0. Dansiger & Go. v. Public Service Commission, 275 Mo. 483, 205 S. W. 36, P. U. R. 1919A, 353.) The number of persons or the size of the community served does not determine its character. (Biche v. Bar Harbor Water Go.,…
1Opinion of the CourtBudge, J.
This is an action for a writ of mandate to compel respondent to furnish appellant natural hot water for the purpose of heating his dwelling in Boise.
On Dec. 22, 1920, appellant filed his petition for writ of mandate, whereupon an order to show cause and an alternative writ of mandate were issued and served upon respondent, and the answer of respondent and appellant’s demurrer thereto were filed. On Dec, 28, 1920, the state of Idaho ex rel. Public Utilities Commission filed a petition and complaint in intervention, and appellant’s demurrer was argued and taken under advisement. On Jan. 19,…
2Cases cited6 opinions
- Allen v. Railroad CommissionCalifornia Supreme Court · 1918
- Thayer v. California Development Co.California Supreme Court · 1912
- Salt Lake City v. Utah Light & Traction Co.Utah Supreme Court · 1918
- Del Mar Water, Light & Power Co. v. EshlemanCalifornia Supreme Court · 1914
- Niles v. City of Los AngelesCalifornia Supreme Court · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Grever v. Idaho Telephone CompanyIdaho Supreme Court · 1972
- Coastal States Gas Transmission v. PSCSupreme Court of Alabama · 1988
- Inland Empire Rural Electrification, Inc. v. Department of Public ServiceWashington Supreme Court · 1939
- Rural Electric Co. v. State Board of EqualizationWyoming Supreme Court · 1942
- Borough of Ambridge, Appel. v. P.S.C.Superior Court of Pennsylvania · 1932
9 more not listed; retrieve them via the Exa API.