193 Ind. 416 | Ind. | 1923
On September 26, 1921, the Public Service Commission of Indiana made an order, concurred in by all members of the commission, which recited that “on September 22, 1921, Arthur F. Hegewald and nine others, all residing in the city of New Albany, filed a petition, cause No. 6229, asking that the gas rates in the city of New Albany be reduced”, and stating that “in due course, a hearing will be held on this
The statute authorizes any person dissatisfied with an order of the Public Service Commission fixing rates to be charged by a public utility, to commence an action in the proper circuit or superior court to set aside the order on the ground that the rates, fixed by it are “insufficient, unreasonable or unlawful.” §10052z2 Burns 1914, Acts 1913 p. 167, §78.
Such action must be commenced within sixty days after the making of the order, unless a rehearing be asked, and then it must be commenced within thirty days after the rehearing ends. §10052a3 Burns 1914, Acts 1913 p. 167, §79. “If the commission shall rescind its order complained of, the action shall be dismissed; if it shall alter, modify or amend the same, such altered, modified or amended order shall take the place of the original order complained of, and judgment shall be rendered thereon as though made by the commission in the first instance. If the original order shall not be rescinded or changed by the commission, judgment shall be rendered upon such original order.” §10052d3 Burns 1914, Acts 1913 p.'167, §82.
Under these provisions of the statute, after an action to set aside the original order had been commenced, and pending that action the Public Service Commission had modified the order so as to reduce the price of gas as fixed by it ten cents per thou
The third paragraph of complaint, and the supplemental complaint, together, amounted to a challenge of the amended order made October 28', 1921, on the ground that a rate in force prior to September 26, had been increased, and that the increased rate was unreasonable and unlawful. Counsel for appellant have not pointed out nor do we perceive wherein these pleadings are insufficient, as so interpreted, to present for review the question whether or not the rates fixed by the last order are unreasonable and unlawful. §10052z2 Burns 1914, supra,.
The judgment is reversed, with direction to overrule the demurrer to the third paragraph of the complaint and supplémental complaint.
Townsend, J., absent.