New York & Pennsylvania Co. v. New York Central R. R.

Citations

• 267 Pa. 64
• 110 A. 286
• 1920 Pa. LEXIS 811

Syllabus

<p>Public Service Commission — Practice—Conclusiveness of decision — Appeals—Bates—Reasonable rates — Discrimination — New schedule of rates — Order of reparation — Limitation—Res adjudícala — Rehearing—Findings of fact — Evidence—Prima facie — Rebuttable presumption — Statute of limitations.</p> <p>1. The decision of the public service commission on the question as to what is a reasonable rate, and of all matters leading np thereto or necessarily involved therein, is conclusive if not appealed from; and, if an appeal is taken, the decision of the Superior Court thereon is conclusive.</p> <p>2. It would be improper to grant an order of reparation on the hearing of objections to a proposed new schedule of rates. This question does not arise until after the reasonableness of the rate has been finally determined, either by a decision of the public service commission unappealed from, or by the Superior Court on appeal.</p> <p>3. On a petition for an order of reparation all questions decided, or which might have been raised and decided, on the hearing of objections to the schedule of rates, must be considered as having been finally concluded thereby.</p> <p>4. A petition for rehearing covers only those things which were or should have been decided in the matters regarding which a rehearing is asked.</p> <p>5. The time within which a hearing must be applied for, does not furnish a statute of limitations for an order of reparation.</p> <p>6. An order of reparation made by the public service commission is prima facie evidence of the facts stated therein and of the amount due by defendant company to plaintiff, and hence a finding of fact based thereon will not be reversed by the Supreme Court.</p> <p>7. At a trial, following an order of reparation which has not been complied with, defendant may offer any evidence which he might have offered before the public service commission on the hearing of the petition for the order, the decision of the commission being only prima facie