Board of Public Utility Com'rs v. New York Telephone Co’s Empirical Analysis
Citation profile
7 district · 85 state decisions
How this case has been cited
Cited by 99 later decisions — most recently July 2011 · most notably 48 Cal. 3d 805 - Calfarm Insurance v. Deukmejian (1989), State Ex Rel. Utilities Commission v. Edmisten (1977)
7 district · 85 state decisions — followed in 35 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Bluefield Water Works & Improvement Co. v. Public Service Commission · Wilcox v. Consolidated Gas Co. · Galveston Electric Co. v. City of Galveston · Newton v. Consolidated Gas Co. · Bluefield Waterworks Improvement Co v. Public Service Commission of West Virginia
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 99 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The just compensation safeguarded to the utility by the Fourteenth Amendment is a reasonable return on the value of the property used at the time that it is being used for the public service, and rates not sufficient to yield that return are confiscatory. . . . Constitutional protection against confiscation does not depend on the source of the money used to purchase the property. It is enough that it is used to render the service.” (Citations omitted) 271 U.S. at 31 .”
3 later decisions quote this exact passage · from the majority““If there is no return, or if the amount is less than a reasonable return, the company must, bear the loss. Past losses cannot be used to enhance the value of the property or to support a claim that rates for the future are confiscatory.””
2 later decisions quote this exact passage · from the majority“"Customers pay for service, not for the property used to render it. Their payments are not contributions to depreciation or other operating expenses, or to capital of the company. By paying bills for service they do not acquire any interest, legal or equitable, in the property used for their convenience or in the funds of the company. Property paid for out of money received for services belongs to the company, just as does that purchased out of proceeds of its bonds and stock. It is conceded that the exchange rates complained of are not sufficient to yield a just return after paying taxes and operating expenses, including a proper allowance for current depreciation. The property or money of the company . . . cannot be used to make up the deficiency.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.