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  5. 189 S.E.2d 705 (1972)
 

STATE EX REL. UTILITIES COM'N v. GENERAL TEL. CO. OF S.E.

No. 5.

189 S.E.2d 705 (1972)

281 N.C. 318

STATE of North Carolina ex rel. UTILITIES COMMISSION, and Robert Morgan, Attorney General v. GENERAL TELEPHONE COMPANY OF the SOUTHEAST, and City of Durham.

Supreme Court of North Carolina.

June 16, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Jean A. Benoy and Associate Atty. Louis W. Payne, Jr., Raleigh, for the Attorney General.

Edward B. Hipp and Maurice W. Horne, Raleigh, for the Utilities Commission.

Claude V. Jones, Durham, for the City of Durham.

Newson, Graham, Strayhorn, Hedrick & Murray, by A. H. Graham, Jr., Durham, Power, Jones & Schneider, by John Robert Jones and William R. White, Columbus, Ohio and Ward Wueste, Jr., Durham, General Counsel and Secretary, for the General Telephone Company of the Southeast.

LAKE, Justice.

In the consideration of an appeal from an order of the Utilities Commission in a general rate case, such as this, it is necessary for the reviewing court to keep in mind certain fundamental facts and principles. Some of these are:

1. The State has granted to the utility company a legal monopoly upon a service vital to the economic well being and the domestic life of the people of a large territory. G.S. § 62-110. This franchise is a property...

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