| Public Service Commission v. United Railways and Electric Co. of Baltimore, 126 Md. 478, 95 A. 170 (1915)
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 page 416, 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 Solicitor case file no. 50,263
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