California Water & Telephone Co. v. Railroad Commission
Opinion
Lead Opinion
Following complaints by National City and Chula Vista, the.Railroad Commission of California, upon its own motion, investigated the rates and service of the Sweet- *12 water Water Company, now called the California Water & Telephone Company. On December 1, 1933, the commission made an order reducing rates. Plaintiff brought suit for temporary and permanent injunction. A restraining order was issued. Thereafter, upon stipulation, an interlocutory injunction was issued. The case was submitted for decision to a court of three judges upon the record made before the commission, supplemented by affidavits.
The system owned by plaintiff obtains its water by impounding the surface flow of the Sweetwater river and its tributaries. It serves the public in the cities of Chula Vista and National City, a portion of the city of San Diego, and certain unincorporated areas in the vicinity of said municipalities, all in San Diego county, Cal. The average number of consumers is 4,620. The population served is about 20,000 and the area about 5,300 acres. Plaintiff claims that the fair value of its properties used and useful in the conduct of the business is over $3,000,000.