City of Hutchinson v. Southwestern Bell Telephone Co.

Citations

• 109 Kan. 545
• 200 P. 301
• 1921 Kan. LEXIS 317

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Fixed Telephone Rates — Adjudged to be Void — Right of Telephone Company to Promulgate Rates of Its Own. Where rates fixed by the utilities commission for the services of a telephone company are adjudged to be confiscatory and are set aside by a court of competent jurisdiction, the telephone company may then promulgate rates of its own which will be deemed to be legal rates under which it may operate until such rates are found to be unreasonable and excessive, or until other rates are fixed by the utilities commission as the statute prescribes, and the rates so promulgated by the telephone company may not be enjoined by the courts until action thereon has been taken by the utilities commission.</p> <p>2. Same — Plaintiff Had Adequate Remedy Before Utilities Commission— Injunction Will Not Lie. As the parties complaining of the rates promulgated by the telephone company had an adequate remedy upon application to the utilities commission, they may not maintain injunction against the collection of such rates until the utilities commission fixes different rates as the statute provides.</p>