Robertson v. Wilmington & Philadelphia Traction Co.

Citations

• 30 Del. 155
• 7 Boyce 155
• 104 A. 839
• 1918 Del. LEXIS 39

Syllabus

<p>1. Carriers—Rates—Order of Utility Commissioners—Notice of Appeal.</p> <p>A notice of appeal by citizens and taxpayers from an order of the board of public utility commissioners for a city, made on a given date and granting to a traction company “the right to charge a- seven-cent fare per passenger riding on cars of such company,” is sufficient under 26 Del. Laws, c. 206, § 6, requiring the notice of appeal to set forth the order appealed from.</p> <p>2. Carriers—Rates—Appeal from Order of Commissioners—Sufficiency.</p> <p>That a petition by citizens and taxpayers for the stay of an order by the board of public utility commissioners of the city, from which an appeal has been taken, was also signed by others than the parties signing the notice of appeal, does not invalidate the notice.</p> <p>3. Constitutional Law—Delegation of Legislative Power—Utilities Commission.</p> <p>An order of the board of public utility commissioners, created by legislative act and given supervision over public utilities, fixing rates to be charged by traction companies, was not void as an exercise of delegated legislative power.</p> <p>4. Constitutional Law — Impairment of Contracts — Carriers — Change of Rates.</p> <p>A provision in the charter of a traction company, whereby the company shall not at any time be allowed to charge a greater amount than five cents for any one fare, may be changed by the consent of the parties, if the rights of the people are not injuriously affected; such change not constituting an impairment of an obligation of a contract.</p> <p>5. Carriers—Public Service Commissions—Powers—Increase of Rates.</p> <p>The board of public utility commissioners for the city of Wilmingtop may allow an increase of rates to a traction company under a law giving it supervision over all public utilities, and power to make such orders as it may deem proper concerning rates.</p> <p>6. Carriers—Hearings—Fixing Rates—Parties Entitled to be Heard.</p> <p>Under the statute creating th