Public Service Commission v. United Railways and Electric Co. of Baltimore,
126 Md. 478, 95 A. 170 (1915)
See also MSA SC
5339-230-25
Appeal from Baltimore City Circuit Court No. 2
OVERVIEW: The residents of an unserved district complained to the Commission that there
was a demand for rail service in their area and that the company held a right of way to construct a
line but
refused to do so. The company answered that it had determined that line was not profitable. The
Commission held hearings and ordered the company to make the extension. The company sought
judicial
review. The trial court vacated the Commission's order and remanded. On remand, the
Commission again ordered the extension but downsized the requirements. The company sought
judicial review. The trial
court enjoined the Commission from enforcement of the order as unreasonable. The Commission
appealed. The court affirmed. Because the charter only authorized the extension, the company
was not
required to construct it to the point were it was not remunerative. The Commission's power did
not include the ability to order an unprofitable extension regardless of the demand. The
Commission's attempt
to designate the equipment and construction was an improper invasion of the honest judgment
and discretion of the company's directors.
Appellate Court Records:
COURT OF APPEALS (Docket) Public Service Commission v. United Railways & Electric
Co. of Baltimore, 1915, April Term, case no. 44, p. 26, MdHR 19,492 [MSA S412-17,
1/67/6/3].
COURT OF APPEALS (Opinions) Public Service Commission v. United Railways & Electric
Co. of Baltimore, 1915, April Term, case no. 44, MdHR 707-184 [MSA S393-170,
1/65/14/20].
COURT OF APPEALS (Records and Briefs) Public Service Commission v. United Railways &
Electric Co. of Baltimore, 1915, April Term, case no. 44 [MSA S1733-445, 1/65/4/15].
Trial Court Records:
BALTIMORE CITY CIRCUIT COURT NO. 2 (Equity Docket A) United Railways and
Electric Co. of Baltimore v. Public Service Commission, 1913, Volume 22A, pp. 416, 479,
Case no. 9587A
[MSA T996-22, 3/18/6/36].
BALTIMORE
CITY CIRCUIT COURT NO. 2 (Equity Papers A)
United Railways and Electric Co. of Baltimore v. Public Service Commission, 1913, Box 998
Case no. 9587A [MSA T56-877, 3/23/13/14].
Baltimore City Archives:
Baltimore City Archives, Law Department, Case Files, Car Fare
Hearing, United Railways & Electric, 1927, case no. 50,263, box no. 449 [MSA BRG13-2-10-1, BC/29/12/019].
Scanned as msaref 5458-51-3510; 5458-51-4109; 5458-51-4453
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