...Wilcox v. Consolidated Gas Co. (212 US, 19): It is no longer open to dispute that under the Constitution what the company is entitled to demand in order that...value of the property at the time it is being used by the public. Relying upon these cases, the Burlington's full position is that it is immaterial how...

...Wilcox v. Consolidated Gas Co. (212 US, 19): It is no longer open to dispute that under the Constitution what the company is entitled to demand in order that...value of the property at the time it is being used by the public. Belying upon these cases, the Burlington's full position is that it is immaterial how...

...rates, fixed by municipal ordinance. In that case District Judge Fanington said (at pages 145, 146): 8. What the company is entitled to demand in order that...return upon the reasonable value of the property at the tune it is being used for the public. . . . 9. The public has a right to demand that no more shall...

..."Sanborn" decision. Quoting from Wilcox vs. Consolidated Gas Company, 212 US 19, as follows: "There must be a fair return upon the reasonable value of the property at the time it is being used for the public. * * * If the property which legally enters in the consideration of the question of rates has increased...

...such compensation as, under the circumstances, is just both to the owner and the public. There must be a fair return upon the reasonable value of the property at the time it is being used for the public. San Diego Land & Town Co. v. National City, 174 US 739, 757, 43 L. ed. 1154, 1161, 19 Sup. Ct. Rep....

...defective in not requiring the real value of the property and the fair value in themselves of the services. Just compensation is a fair return upon the reasonable...value of the property at the time it is being used by the public. 6. Losses to a water company arising from the distribution of water to consumers outside...

...corporation in rendering the service to the public. . . . The rate is fair when its application will yield a fair return upon the reasonable value of the property at the time it is being used for the public. It is unfair, when it does not yield such return. . . . No inflexible method for the ascertainment...

...circumstances, is just to the owner and to the public. The rate is fair when Its application will yield a fair return upon the reasonable value of the property at the time It is being used for the public. It Is unfair, when It does not yield such return. Knoxvllle v. Knoxville Water Co., 212 US 1, 29 Sup....

...elemental principles are the right of the company to derive a fair income, based upon the fair value of the property at the time it is being used for the public, taking into account the cost of maintenance or depreciation, and current operating expenses, and the...

...Antes, supra (p. 546). Or, as it was put in San Diego Land & Town Co. v. National City, supra (p. 757), "What the company is entitled to demand, in order...property at the time it is being used for the public." See also San Diego Land & Town Co. v. Jasper, supra; Willcox \. Consolidated Gas Co., supra. (2.) The...