Some Features of State Regulation of Public Utilities (Classic Reprint) - Softcover

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Excerpt from Some Features of State Regulation of Public Utilities

In considering the obligation of those engaged in operating public utilities to serve the public, the courts generally seem to view the same as a duty imposedby specific charter or general legislative provision rather than as resting upon a common law right in the public arising out of the nature and character of the business. The latter basis is certainly the sounder, and, in the absence of any specific legislation on the subject, would, it is safe to say, if the situation should arise in any case at the present day, receive judicial recognition in any court, for in the last analysis the fundamental distinction between a public calling and a pri vate calling is an economic one. In the one case there is virtual monopoly in the other, virtual competition.

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