# Scranton Steam Heat Co. v. Pennsylvania Public Utility Commission

> Superior Court of Pennsylvania · December 14, 1960 · 194 Pa. Super. 143

URL: https://www.frixlaw.com/law-library/cases/6283446

## Case

- **Full name:** Scranton Steam Heat Company v. Pennsylvania Public Utility Commission
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 14, 1960
- **Citations:** 194 Pa. Super. 143
- **Precedential status:** Published
- **Opinion:** Concurring in part by Montgomery
- **Judges:** Ervin, Gunther, Montgomery, Rhodes, Watkins, Woodside, Wright
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6283446

## Opinion text

Concurring and Dissenting Opinion by
Montgomery, J.:
I concur in part with the results attained by the majority for the sole and basic reason that the Commission refused to consider any factor relating to the fair value of the respondent’s property except acquisition cost. This manner of appraisal is contrary to all established principles of law. There may be many reasons for giving greater weight to and placing more importance on acquisition costs in this case but there is no justification for the failure to give some consideration to all of the other elements that generally determine fair value.
*161 However, I do not concur in the remand of this case merely for the entry of an appropriate order. I would remand it for reconsideration by the Commission of the entire record in the light of the majority opinion, and for the entry of such new order as to the Commission may seem appropriate and just after such reconsideration.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6283446. Public record. Not legal advice.