Lincoln Gas & Electric Light Co. v. City of Lincoln
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE- DISTRICT 0£ NEBRASKA. The facts, which involve the validity of an ordinance of the City of Lincoln, Nebraska, regulating charges for gas furnished to consumers, are stated in the opinion.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE- DISTRICT 0£ NEBRASKA. The facts, which involve the validity of an ordinance of the City of Lincoln, Nebraska, regulating charges for gas furnished to consumers, are stated in the opinion. Any deprivation of the right of a public utility company to a reasonable return upon the value of its property devoted to the. public service, accomplished by legislative adoption of inadequate rates, is a deprivation of property without due process of law, and a confiscation thereof to the public use without just compensation, and a denial of the…
1Opinion of the CourtJustice Lurton
This case involves the validity of an ordinance regulating the appellant’s charges for gas furnished to consumers, and forbidding a charge in excess of one dollar per thousand feet. The bill assailed the rate as confiscatory,'and, therefore, a taking of property without compensation. The ordinance rests upon legislative power to regulate the charges of such public service companies.
The sufficiency of the price prescribed to produce a fair profit upon the value of the property employed in the business is to be strongly presumed. The burden of showing its confiscatory character rests,…
2Cases cited2 opinions
- San Diego Land & Town Co. v. JasperSupreme Court of the United States · 1903
- Chicago, Milwaukee & St. Paul Railway Co. v. TompkinsSupreme Court of the United States · 1900
3Cited by44 opinions
- Borden's Farm Products Co. v. BaldwinSupreme Court of the United States · 1934
- Ford Motor Co. v. National Labor Relations BoardSupreme Court of the United States · 1939
- McCardle v. Indianapolis Water Co.Supreme Court of the United States · 1926
- West v. Chesapeake & Potomac Telephone Co. of BaltimoreSupreme Court of the United States · 1935
- City of Hammond v. Schappi Bus Line, Inc.Supreme Court of the United States · 1927
39 more not listed; retrieve them via the Exa API.