76 Pa. Super. 58 | Pa. Super. Ct. | 1921
Opinion by
As tbe record comes to us it presents but a single question for our consideration. It is true that as tbe complaint was originally filed, there was an allegation of insufficient or inadequate service by tbe public utility. Tbe Public Service Commission properly dismissed tbe complaint in that respect because there appeared to be no substantial foundation to support it. There remains to consider tbe valuation placed upon tbe property of tbe appellant as a basis for rate-making purposes. It is alleged tbe valuation fixed by tbe commission was not supported by any evidence; was against tbe weight of tbe evidence produced before tbe commission and that it results in a practical confiscation of tbe appellant’s property, in part at least.
When the Commonwealth, or the duly authorized donee of its power of eminent domain, actually takes over, or injures or destroys private property because of public necessity, the measure of damages of the owner of the property is obtained by Avell established rules. Among the items of evidence, relevant and useful to enable a jury to measure those damages, it has not been considered that the original cost of the property to the then owner could or should be considered of much if of any importance. A man may acquire property by inheritance or by gift, so that it costs him nothing. That fact can scarcely be considered relevant in a proceeding to ascertain its value at the time it was taken, injured or destroyed. So when the Commonwealth, acting through its agent, the Public Service Commission, undertakes to fix a value upon private property, for the purpose of ascertaining its just rental or usable value, it seems to us to be plain that too much consideration of the element of original cost is just as likely to mislead an ad
But without further elaborating, it seems to us to be sufficient to say that, in the unanimous judgment of this court, the Public Service Commission, proceeding upon an entirely erroneous theory, in an endeavor to reach a proper basis for the valuation of this plant for rate-making purposes, must have rested its findings largely, if not entirely, upon an undue consideration of original cost. We are of the opinion the practical result of the order or decree entered by the commission would be a confiscation, in part at least, of the appellant’s property and this without, as far as we can see, any very substantial reason, even from the standpoint of the interveners. There is no evidence in the record that any individual is being oppressed by an undue charge for the service he receives from this utility. If the individual citizen unfortunately is compelled in these times to pay more than he did for everything he necessarily consumes, it should not be a subject of wonder that he must pay some
These considerations and others that could readily be adduced lead all of us to the .conclusion that the utility company furnished satisfactory reasons for the increase in the rates proposed in its new schedule, and that the Public Service Commission was in error in entertaining the complaint and ordering the utility company to modify and reduce its schedule to the extent and in the manner indicated in the order.
The order and determination of the commission are now reversed and the record remitted to the commission with direction to dismiss the complaint. The costs of this appeal to be paid by the intervening appellees.