Turtle Creek Borough v. Pennsylvania Water Co.
Turtle Creek Borough v. Pennsylvania Water Co.
Opinion of the Court
Opinion by
The matters in dispute between the boroughs and the water company were presented to the court below for determination under the provisions of the Act of April 29, 1874, P. L. 73. The bills were filed by the boroughs to restrain the water company from shutting off the supply of water to consumers because of their refusal to sign contracts to pay increased rates, and to have the court inquire into the alleged unreasonableness of the proposed increase of charges in order that such decrease might be decreed as should be deemed just and equitable under the facts. The pleadings and testimony cover 1,385 pages of the appendix, while it requires ninety-five pages of the paper book to print the requests for findings of facts and of law, the opinions of the court below, and exceptions thereto. This shows how exhaustively the case was presented in and considered by the court below. Every question raised here was fully considered there, and nothing deemed material or helpful to their respec
As to the items of “going value,” interest during the period of construction, and the cost of repairing the streets, which appellant contends were not allowed, or at least that there were no distinct findings as to these items, we agree that these were elements to be considered in arriving at a just valuation of the properties, but we cannot, agree that it was the duty of the court to set out in its findings each separate item of value and make the sum total of the separate items the final conclusion of the court as to the valuation of the entire plant. In the opinion of the court in banc on the exceptions to findings of fact and conclusions of law, it is stated that these items were not eliminated by the trial judge in fixing the valuation, but that they were given due consideration. It is further stated that the trial judge did consider “going value” as an element in fixing the value of the plant as a whole; It is not so clear what disposition the court made of the item for street paving, but that it was not overlooked is shown by what the court stated in reference to the same. It may be that some of the items were undervalued, but in the valuation of the entire properties of a company of the magnitude of appellant, we would not feel warranted in re
Decrees affirmed. The costs to be paid by appellant.
Reference
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- Practice, Supreme Court — Equity practice — Findings of fact. 1. It is not ground for reversal on findings of fact of a court of first instance that a different conclusion might have been warranted from the evidence or that the appellate court might have arrived at a different result if called upon to determine the facta as a court of first instance. The duty of the appellate court in reviewing findings of fact is to ascertain whether there was tesi* inony, which, if believed, would sustain the findings. • ■ ■ Corporations — Water companies — Water rates — Act of April 29, 1874, P- L. 78, Sec. 84 — Valuation of plant — Reasonable rates. ■2. In a suit in equity to restrain a water company from shutting off a supply of water to consumers who refused to sign contracts to pay increased rates and to have the court inquire into the reasonableness of the proposed increase of rates, under the Act of April 29, 1874, P. L. 73, Section 34, where the valuation by the court of the plant of the water company as a basis for ascertaining reasonable rates, was complained of, where it appeared that such valuation had been determined after considering all the evidence presented and there was testimony to support the conclusions of fact reached by the court below, the Supreme Court will not on appeal reverse the findings of fact of the chancellor. 3. The lower court made no error in such case in not setting out in its findings each separate item of value and taking the sum total of such separate items as the value of the plant, where in its opinion it stated that all items had been considered in fixing the value of the plant. 4. Water rates established by a court of equity under the Act of April 29, 1874, P. L. 73, Section 34, must not be confiscatory and must be such as to yield a fair return upon a just valuation of the plant. Where there is evidence to support a finding that the rates as established will yield a fair return upon the capital invested, a decree fixing such rates will be affirmed. 5. Where in such case it appeared that a proposed increase in water rates would have yielded a profit to defendant water company of 7.72 per cent, on the valuation of the plant as alleged by the defendant, the court made no error in establishing a rate sufficient to yield a return of not less than six per cent, upon the valuation of the plant as fixed by the court Equity practice — Taxpayers’ hills — Parties entitled to relief — Refund of water rates paid. 6. Where the bills were filed in such case by various boroughs and by two citizens and taxpayers of each borough on their own behalf and on behalf of other citizens who were consumers of water, the court made no error in assuming jurisdiction with respect to the general subject under consideration and in decreeing that the water company should refund what it had collected in excess of a reasonable rate to persons who were not named as parties plaintiff in the bills, but who were in like situation with the individual plaintiffs.