Citation Numbers: 30 S.E. 319, 122 N.C. 206, 41 L.R.A. 240, 1898 N.C. LEXIS 226
Judges: Clark
Filed Date: 5/24/1898
Status: Precedential
Modified Date: 11/11/2024
The defendant corporation is the owner of a plant which supplies water to Goldsboro and its inhabitants under a franchise granted by the city. It has no competition. The complaint alleges that to prevent competition the defendant reduced its rates largely to certain parties who threatened to establish a rival company, but not only did not make a corresponding reduction to the plaintiffs and other customers, but proposes to put in meters whereby the rates to plaintiffs and others will be greatly increased, and threatens to cut off the water supply of the plaintiffs if they do not pay the increased rates, which will be to their great injury; that the rates charged by the corporation are not uniform and those charged the plaintiffs are unjust and unreasonable. The defendant denies, as a matter of fact, that the rates charged the plaintiffs are unreasonable, and contends, as a proposition of law, that the company's rates are not required to be uniform, and that it can discriminate in the rates it shall charge. It also relies upon the schedule of rates contained in the contract with the city, and avers that the charges to the plaintiffs do not exceed the rates therein permitted.
The defendant corporation operates under the franchise from the city, which permits it to lay its pipes in the public streets and otherwise to take benefit of the right of eminent domain. Besides, from the very nature of its functions it is "affected with a public use." In Munn v.Illinois,
Probably the most familiar instances with us are the public mills whose tolls are fixed by statute, and railroad, telegraph, and telephone companies, for the regulation of whose conduct and charges there is a State commission, established by law. There have been reiterated decisions in the United States Supreme Court and in the several States affirming the doctrine laid down in Munn v. Illinois, supra, and as to *Page 129
every class of interest affected with a public use, among others, water companies. Spring Valley v. Schottler,
While the defendant cannot charge more than the rates stipulated in the ordinance granting it the franchise, because granted upon that condition, those rates are not binding upon consumers who have a right to the protection of the courts against unreasonable charges. Since the Constitution of 1868, Art. VIII, sec. 1, if the rates had been (210) prescribed in a charter granted by the Legislature they would be *Page 130
subject to revocation, and, indeed, independently of that constitutional provision (Stone v. Farmer's Co.,
Singularly enough it appears, incidentally, in the evidence furnished by the defendant, that in the towns in North Carolina which do not own their waterworks, the maximum rates charged consumers are from 100 to 400 per cent more than the maximum rates charged consumers in Wilson, Asheville, and Winston, the only towns which own their waterworks.
The allegations of fact that the rates are unreasonable and oppressive are denied. That they are not uniform is not denied, and the defendant contended that it had the right to discriminate, which cannot be sustained. On the final hearing the cost and value of the property will be material in determining as to the reasonableness of the rates charged.Smythe v. Ames (known as the "Nebraska Case"), U.S. Supreme Court, 1898. The evidence offered on that point on the hearing below is not satisfactory, the mere amount of mortgage bonds issued on the (211) property being no reliable guide to the courts as to the true value of the investment. It may be, as sometimes happens, that the bonds and stocks are watered. Nor is the evidence of the cost of construction and operation conclusive, as has often been held, for it may be that the work was extravagantly constructed or is operated under inefficient management, and the public is not called on to pay interest upon such expenditures, in the shape of unreasonable or extortionate rates.Missouri v. Smith,
The court below properly continued the cause to the hearing.
No error.
Cited: Gorrell v. Water Co.,
Chicago, Milwaukee & St. Paul Railway Co. v. Minnesota , 10 S. Ct. 462 ( 1890 )
Covington & Lexington Turnpike Road Co. v. Sandford , 17 S. Ct. 198 ( 1896 )
Munn v. Illinois , 24 L. Ed. 77 ( 1877 )
Pennsylvania Railroad v. Miller , 10 S. Ct. 34 ( 1889 )
Spring Valley Water Works v. Schottler , 4 S. Ct. 48 ( 1884 )
Stone v. Farmers' Loan & Trust Co. , 6 S. Ct. 334 ( 1886 )
Chicago & Grand Trunk Railway Co. v. Wellman , 12 S. Ct. 400 ( 1892 )
New England Telephone & Telegraph Co. v. Public Utilities ... , 148 Me. 374 ( 1953 )
Tampa Electric Co. v. Cooper , 153 Fla. 81 ( 1943 )
Raywood Rice, Canal & Milling Co. v. Erp , 105 Tex. 161 ( 1912 )
Solomon v. Wilmington Sewerage Co. , 133 N.C. 144 ( 1903 )
Soloman v. . Sewerage Company , 142 N.C. 439 ( 1906 )
Woodley v. Carolina Telephone & Telegraph Co. , 163 N.C. 284 ( 1913 )
Telephone Co. v. . Telephone Co. , 159 N.C. 9 ( 1912 )
Time Warner Entertainment-Advance/Newhouse Partnership v. ... , 506 F.3d 304 ( 2007 )
Gorrell v. Greensboro Water Supply Co. , 46 L.R.A. 513 ( 1899 )
Halifax Paper Co. v. Roanoke Rapids Sanitary District , 232 N.C. 421 ( 1950 )
State Ex Rel. Utilities Commission v. Mead Corp. , 238 N.C. 451 ( 1953 )
Water Works Board of Town of Parrish v. White , 281 Ala. 357 ( 1967 )
North Carolina Public Service Co. v. Southern Power Co. , 179 N.C. 18 ( 1919 )
Town of Taylorsville v. Modern Cleaners , 34 N.C. App. 146 ( 1977 )
State v. Mountain States Tel. & Tel. Co. , 54 N.M. 315 ( 1950 )