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Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920)
Ohio Valley Water Co. v. Ben Avon Borough No. 128 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
ERROR TO TEE SUPREME COURT
OF THE STATE OF PENNSYLVANIA
Syllabus
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. 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. 290.
260 Pa.St. 289 reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920) in 253 U.S. 287 253 U.S. 288. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RK64V2C2TH45V4C.
MLA: U.S. Supreme Court. "Syllabus." Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920), in 253 U.S. 287, page 253 U.S. 288. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RK64V2C2TH45V4C.
Harvard: U.S. Supreme Court, 'Syllabus' in Ohio Valley Water Co. v. Ben Avon Borough, 253 U.S. 287 (1920). cited in 1920, 253 U.S. 287, pp.253 U.S. 288. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RK64V2C2TH45V4C.
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