Mercur v. Media Electric Light, Heat & Power Co.

Citations

• 19 Pa. Super. 519
• 1902 Pa. Super. LEXIS 143

Syllabus

<p>Corporations — Electric light company — Bates—Classification of customers.</p> <p>Where an electric light company which has supplied its customers under a contract system at a fixed charge per month, finds that some of its customers were using an amount of power which exceeded in cost the price which they were paying for the same, and adopts a rule providing for a new system of meter service, but without canceling all of its original contracts, and thereafter one of its customers at his own request is transferred from the contract class to the meter class, such customer cannot afterwards demand that he be transferred back to the contract class, where it appears that all persons in the meter class were treated fairly and equally, that there was no excess of charge, and that the company would be compelled to incur an additional expense by the change.</p> <p>In the service by an electric light company to a county or suburban district each customer is to a greater or less degree different from his neighbors. The distance from the main or feed line, the number of lights used, the means of access whether along a public way or over private property, the natural obstructions to be overcome, etc., are proper subjects for consideration in determining the rate to be charged.</p> <p>The “class of people” to whom the service is made is not material, it is the condition and character of the service required in view of location, extent, volume, etc., of the service. The mere fact that a different sum is demanded is not unfair or unjust discrimination.</p> <p>Mandamus — When granted — Burden of proof .</p> <p>While the remedy of mandamus is a strictly legal one, the applicant must establish a specific legal right as well as a want of a specific legal remedy. The writ will only be granted in extraordinary cases to prevent a failure of justice.</p> <p>On an application for a mandamus the burden of proof is governed by the general rule that the party holding the affirmative of the