State v. Court of Appeals

Citations

• 104 Ohio St. (N.S.) 96

Syllabus

<p>Jurisdiction — Public utilities commission and courts — Rates of utilities — Municipal ordinance not accepted by company— Mandatory injunction to enforce provisions — Defense of confiscatory rate — Jurisdiction of court of equity — Interlocutory orders and conditional terms.</p> <p>1. The provisions of the act creating the public utilities commission, and conferring upon it jurisdiction to fix rates, in no way withdrew from the courts any of the equitable jurisdiction which they theretofore had.</p> <p>2. Where a municipality seeks to enforce an unaccepted ordinance rate against a gas company occupying its streets, and such gas company by way of defense alleges facts as to valuation, operating expense and source of supply, which, if true, amount at the ordinance rate to a confiscation of the property of the utility, a case is stated of which a court of equity will have jurisdiction.</p> <p>3. A court of equity has jurisdiction pending the final determination of a case to make such interlocutory orders as may be necessary to preserve the rights of the parties in the subject-matter of the controversy, and to attach to its orders, as a condition precedent to their taking effect, terms and limitations designed to serve the ends of justice.</p>