CHANROBLES VIRTUAL LAW LIBRARY
US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ | chanrobles.com™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : www.chanroblesbar.com DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for www.chanrobles.com


BOARD OF COMMISSIONERS V. NEW YORK TEL. CO., 271 U. S. 23 (1926)

Subscribe to Cases that cite 271 U. S. 23 RSS feed for this section

U.S. Supreme Court

Board of Commissioners v. New York Tel. Co., 271 U.S. 23 (1926)

Board of Public Utility Commissioners v.

New York Telephone Company

No. 567

Argued January 18, 19, 1926

Decided April 12, 1926

271 U.S. 23

Syllabus

1. The just compensation safeguarded to a public utility by the Fourteenth Amendment is a reasonable return on the value of the property used at the time that it is being used, for the public service. And rates not sufficient to yield that return are confiscatory. P. 271 U. S. 31.

2. Constitutional protection against confiscation does not depend on the source of the money used to purchase property; it is enough that the property is used to render the service. Id.

3. The relation between a public utility and its customers is not that of partners, or agent and principal, or trustee and beneficiary. The amount of money remaining after paying taxes and operating expenses, including the expense of depreciation, is the company's compensation for the use of its property. Id.

4. The law does not require the company to give up for the benefit of future subscribers any part of its accumulations from past operations. P. 271 U. S. 32.

5. Assets of a public utility represented by a credit balance in the reserve for depreciation cannot be used to make up the deficiency in current rates which are not sufficient to yield a just return after paying taxes and operating expenses, including a proper allowance for current depreciation. Id.

Affirmed.

Appeal from a decree of the district court granting a temporary injunction, in a suit by the Telephone Company to restrain the Board of Public Utility Commissioners of New Jersey from enforcing confiscatory rates. chanroblesvirtualawlibrary

Page 271 U. S. 26





Back
ChanRobles™ LawTube

google search for chanrobles.com Search for www.chanrobles.com


Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



www.chanrobles.us




QUICK SEARCH

cralaw

Browse By ->> Volume


cralaw

Browse By ->> Year


cralaw

  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library | chanrobles.com™
 
RED