Search Supreme Court Cases


U.S. Supreme Court

Public Service Comm'n v. Great Northern Utilities Co., 289 U.S. 130 (1933)

Public Service Commission of Montana v.

Great Northern Utilities Co.

No. 627

Argued March 23, 24, 1933

Decided April 10, 1933

289 U.S. 130


1. A specific rate fixed by municipality on gas sold by a public service corporation is not objectionable under the Fourteenth Amendment because it prevents the corporation from cutting its rates below necessary cost in an effort to do away with ruinous competition. P. 289 U. S. 134.

2. An allegation merely asserting in general language that rates are confiscatory is not sufficient to invoke constitutional protection. The facts relied on must be specifically set forth, and from them it must clearly appear that the rates would necessarily deny to plaintiff just compensation and deprive it of its property without due process of law. Acta Insurance Co. v. Hyde, 275 U. S. 440, 275 U. S. 447. P. 289 U. S. 136.

1 F.Supp. 328 reversed.

Appeal from a final decree of a District Court of three judges holding an order fixing rates on gas invalid and making permanent an interlocutory injunction. See also 52 F.2d 802, 285 U.S. 524, 88 Mont. 180.

Page 289 U. S. 131

Powered by Justia US Supreme Court Center: PUBLIC SERVICE COMM'N V. GREAT NORTHERN UTILITIES CO., 289 U. S. 130 (1933)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.