Pub. Serv. Electric Co. v. Bd. of Pub. Util. Com'rs of City of Plainfield

• Decision Date: 27 March 1915
• Citation: 87 N.J.L. 128,93 A. 707
• Parties: PUBLIC SERVICE ELECTRIC CO. v. BOARD OF PUBLIC UTILITY COM'RS OF CITY OF PLAINFIELD.
• Court: New Jersey Supreme Court

93 A. 707

87 N.J.L. 128

PUBLIC SERVICE ELECTRIC CO.

v. BOARD OF PUBLIC UTILITY COM'RS OF CITY OF PLAINFIELD.

Supreme Court of New Jersey.

March 27, 1915.

Certiorari to Review Order of Board of Public Utility Commissioners.

Certiorari by the Public Service Electric Company against the Board of Public Utility Commissioners of the City of Plainfield. Order of Board set aside.

Argued June term, 1914, before SWAYZE, PARKER, and KALISCH, JJ.

Frank Bergen, of Newark, for Prosecutor. Charles A. Reed, of Plainfield, for City of Plainfield. Frank H. Sommer, of Newark, for Board of Public Utility Commissioners.

KALISCH, J. The facts before us show that by an ordinance approved July 12, 1898, the city of Plainfield designated certain streets in said city on which the predecessor of the prosecutor, the Plainfield Gas & Electric Light Company, might place and maintain poles and wires, and also indicating in the manner in which the poles would be placed for the distribution of electricity; that subsequently on the 28th day of November, 1898, a contract in writing, under seal, was entered into between the company and the city which recites, in substance, that it was understood between them before the passage of the ordinance, and in consideration thereof, that the company should enter into the contract for the benefit of the inhabitants of the city of Plainfield and all persons residing therein, and which, in substance, provided that, in consideration of the passage and approval of the ordinance and of the sum of $1 paid by the city of Plainfield to the company, the company agrees and covenants to and with the city that the company, its successors or assigns, will at all times hereafter, while said company, its successors or assigns, shall continue to use any of the streets of the city or any of the subways thereof, light by electricity, free of charge, certain municipal buildings, offices, and rooms owned or occupied by the city officers, or that may hereafter be owned or occupied for city purposes; that from 1898 until 1913 the company and its successor carried out the terms of the contract.

On the 8th day of December, 1913, the prosecutor notified the city in writing that it could not lawfully continue free lighting of the public buildings, and that it would discontinue the same on and after February 1, 1914.

Thereupon the city appealed to the Board of Public Utility Commissioners, which board, after a hearing, made an order directing the prosecutor to conform to the duties imposed on it by the contract, and to furnish free of charge to the city of Plainfield such service as the agreement referred to provides, and shall be furnished by it to the said city.

It is this order which the prosecutor seeks to set aside. The prosecutor rests its act on subdivision "d" of section 18 of the act of 1911 concerning public utilities (P. L. 1911, p. 381), which forbids the making or giving directly or indirectly, any undue or unreasonable preference or advantage to...