CANTON v. P. U. C. O.

No. 38113.

174 Ohio St. 373 (1963)

CITY OF CANTON ET AL., APPELLANTS, v. PUBLIC UTILITIES COMMISSION OF OHIO, APPELLEE.

Supreme Court of Ohio.

Decided March 27, 1963.


Attorney(s) appearing for the Case

Mr. Harold E. DeHoff, city solicitor of Canton, Mr. Richard F. Maier, city solicitor of Massillon, and Mr. Bronis Klementowicz, law director of Cleveland, for appellants.

Mr. Mark McElroy and Mr. William B. Saxbe, attorneys general, Mr. Andrew R. Sarisky, Mr. Herbert T. Maher and Mr. John M. Kistler, for appellee.


Per Curiam.

Approval of the method proposed by the utility of determining depreciation of its underground plants only represents approval of one means of presenting the evidence as to depreciation in the valuation of part of the inventory. It is a matter primarily within the discretion of the commission in the first instance, and, if the commission abuses its discretion, such abuse can be urged if necessary in an appeal from the final determination of the commission...

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