[Download] "Claremont Gas Light Company v. Monadnock" by Supreme Court of New Hampshire # Book PDF Kindle ePub Free
eBook details
- Title: Claremont Gas Light Company v. Monadnock
- Author : Supreme Court of New Hampshire
- Release Date : January 25, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Service to the public without discrimination is one of the distinguishing characteristics of a public utility (Dover &c. Ry. Co. v. Wentworth, 84 N.H. 258, 260 ), and, except as modified by statute, it is the general rule that unless a person has publicly professed his readiness to perform a particular service he is under no duty to render that service to all who request it. Faucher v. Wilson, 68 N.H. 338, 339, and cases cited; Milford Quarry &c. Co. v. Railroad, 84 N.H. 407, 410, 411. The term ""public utility"" is defined by statute in this jurisdiction to include every corporation ""owning, operating or managing any plant or equipment or any part of the same for the conveyance of telephone or telegraph messages or for the manufacture or furnishing of light, heat, power or water for the public, or in the generation, transmission or sale of electricity ultimately sold to the public."" R. L., c. 285, s. 4. Various other enterprises embraced in the statutory definition have no relation to the present controversy. The defendant's charter does not authorize it to engage in the business of a public utility nor confer upon it the power of eminent domain. The defendant does not operate ""any plant or equipment or any part of the same"" for the manufacture of gas ""for the public."" The steam which it generates is furnished the plaintiff company, on which alone devolves the duty of public service. The defendant has never undertaken generally to furnish steam at reasonable rates to all who apply therefor, but such service as it may have rendered has been ""purely voluntary"" (Milford Quarry &c. Co. v. Railroad, 84 N.H. 407, 411) and ""at prices fixed in each case by special contract"" (Faucher v. Wilson, 68 N.H. 338, 339).
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