City of Canton v. Public Utilities Commission

Ohio Supreme Court

City of Canton v. Public Utilities Commission

174 Ohio St. (N.S.) 373

Ohio Supreme Court·Decided March 27, 1963·No. No. 38113·Published

Opinion

Per Curiam.

Approval of the method proposed by the utility of determining depreciation of its underground plants only represents approval of one means of presenting the evidence as to depreciation in the valuation of part of the inventory. It is a matter primarily within the discretion of the commission in the first instance, and, if the commission abuses its discretion, such abuse can be urged if necessary in an appeal from the final determination of the commission.

The order in this case is purely of a preliminary nature. No other action has been taken in this case. This order, in view of the limitations as to its use as evidence, affected no substantial rights of the parties and is, therefore, not a final order from which an appeal can be taken.

The motion to dismiss is sustained.

Appeal dismissed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith and Herbert, JJ., concur. Gibson, J., not participating.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

Approval of the method proposed by the utility of determining depreciation of its underground plants only represents approval of one means of presenting the evidence as to depreciation in the valuation of part of the inventory. It is a matter primarily within the discretion of the commission in the first instance, and, if the commission abuses its discretion, such abuse can be urged if necessary in an appeal from the final determination of the commission.

The order in this case is purely of a preliminary nature. No other action has been taken in this case. This order, in view of the limitations as to its use as evidence, affected no substantial rights of the parties and is, therefore, not a final order from which an appeal can be taken.

The motion to dismiss is sustained.

Appeal dismissed.

Taft, C. J., Zimmerman, Matthias, O’Neill, Griffith and Herbert, JJ., concur. Gibson, J., not participating.

City of Canton v. Public Utilities Commission, 174 Ohio St. (N.S.) 373 (Ohio 1963).

Pincite

174 Ohio St. (N.S.) 373 (City of Canton v. Public Utilities Commission) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.