Greensburgh Borough v. Public Service Commission

Citations

• 268 Pa. 177
• 110 A. 750
• 1920 Pa. LEXIS 648

Syllabus

<p>Public service companies — Water companies — Rates — Public Service Commission — Complaints—Dismissal or sustaining of complaints — Reasonableness of rates — Voluntary payment of excessive rates — Recovery bade — Statute of limitations — Waiver—Appeals.</p> <p>1. Where complaints have been filed with the Public Service Commission, it should, in its final order, formally dismiss or sustain them, in whole or in part.</p> <p>2. A judgment will not be reversed unless prejudicial error is shown; and hence a failure by the Public Service Commission to finally dismiss or sustain complaints filed with it, cannot successfully be alleged as error, unless appellants were injured thereby.</p> <p>3. The Public Service Commission cannot order or approve the collection of rates which it has found to be unjust and unreasonable.</p> <p>4. Rates increased by the Public Service Commission beyond those fixed by the public service company, can only be made effective so far as the future is concerned.</p> <p>6. On tbe hearing of complaints regarding the reasonableness of rates, and on appeal from the orders made thereon, only that which relates to this particular question should be considered or decided.</p> <p>6. The fact that citizens of a municipality have not asked for reparation because of excessive payments made by them, does not give it the right to have such excess credited on its unpaid debt to the public service company.</p> <p>7. The periods prescribed for applying for an order of reparation, and for bringing suit upon it, if granted, are but statutes of limitation, which the public service company may waive.</p> <p>8. If a customer, pending a decision by the Public Service Commission, pays to a public service company sums which are subsequently found to be excessive, such excess payments are debts morally due by the company even though the statute of limitations prevents a recovery by suit, and it may recognize and pay them at any time.</p> <p>9. Customers of a public serv