Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920)
U.S. Supreme CourtOhio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920)
Ohio Valley Water Co. v. Ben Avon Borough
Argued October 15, 1919
Restored to docket for reargument January 12, 1920
Reargued March 5, 8, 1920
Decided June 1, 1920
253 U.S. 287
An order of a Commission fixing the maximum future rates chargeable by a water company violates due process of law if no fair opportunity is provided by the state law for submitting the question whether the rates are confiscatory to the determination of a judicial tribunal upon its own independent judgment as to both law and fact. P. 253 U. S. 289.
The Public Service Commission Law of Pennsylvania, as construed by the supreme court of the state in this case, fails to provide such an opportunity by way of appeal from the Public Service Commission to the Superior Court, nor does it clearly appear, in the absence of definitive construction by that court, that such opportunity exists by way of injunction proceedings under § 31 of the act or otherwise under the law of the state. P. 253 U. S. 290.
260 Pa.St. 289 reversed.
The case is stated in the opinion.