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· 11/28/1919

Banks v. Columbia Ry., Gas & Electric Co.

Citations

  • 101 S.E. 285
  • 113 S.C. 99
  • 1919 S.C. LEXIS 186

Syllabus

<p>1. Costs — “Necessary Expenses” oe Pubeic Service Commissioners.— • Civ. Code 1912, sec. 924, providing that members of Public Service Commission “shall each receive the sum of ten dollars a day while actually employed and necessary expenses” to be paid by party against whom complaint is made if rates are found to be unjust or excessive, did not require gas company, whose rates were found to be excessive, to pay necessary expenses of investigation; the words “necessary expenses” referring to the personal expenses of the commissioners.</p> <p>2. Statutes — Construction.-—The purpose of construction is to ascertain the legislative intent from the words used; and, if these are susceptible to any sensible meaning, the Court cannot add to them other words which would give them a different meaning without making, instead of construing, the statute.</p> <p>3. Costs — To Be Taxed Against Party Only. — Costs and expenses of actions and proceedings are allowed to be taxed against the losing party only by statute.</p> <p>4i Costs — Construction oe Statutes. — Statutes allowing costs and expenses of actions and proceedings are strictly construed.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • denying request for fee award under § 1447(c) based on, among other factors, the “lack of controlling precedent in this Circuit”
  • stating that there is a common and undivided interest if “individual members of the class could not as a matter of law bring suit other than in a representative capacity” or if no plaintiff could enforce its own interest in the others’ absence
  • approximating how many D.C. residents use the defendants’ products and then further reducing that number in proportion to the estimated share of those customers who are likely to be actually misled by the defendants’ representations
  • “This Court must follow Circuit precedent, and thus it will consider the cost of the injunction to defendants”
  • where the defendant, not the plaintiff, provided the number of consumers for purposes of dividing the total cost of compliance among them
  • where the defendant, not the plaintiff, provided the number of consumers for purposes of dividing the total cost of compliance among them

Source: CourtListener parenthetical corpus (CC0).

Judges: Hydrick, Fraser, Moore, Richland, Rail, Messrs, Watts, Gage, Ci-Iiee, Gary

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.