Van Hoosear v. Railroad Commission

OLNEY, J.

This is an original application to this court seeking to annul an order of the Railroad Commission made in a proceeding upon its own initiative, finding that the petitioner, Van Hoosear, was engaged in the business of supplying water to the public, had been charging rates not authorized by the commission, and had discontinued his service without the permission of the commission, and directing him to resume service and supply water at rates fixed by the order. There is no doubt as to the petitioner having engaged in the business of supplying water, or as to his having charged rates not authorized by the commission, or as to his having discontinued his service without permission, and it is apparent at once that if the commission’s finding that he was engaged in a public utility business is justified upon the facts shown, the commission had authority to make the order. The sole question, then, is as to the character of the petitioner’s business.

[1]

The test to be applied is whether or not the petitioner held himself out, expressly or impliedly, as engaged in the business of supplying water to the public as a class, not necessarily to all of the public, but to any limited portion of it, such portion, for example, as could be served by his system, as contradistinguished from his holding himself out as serving or ready to serve only particular individuals, either as a matter of accommodation or for other reasons peculiar and particular to them.

(Thayer

v.

California Dev. Co.,

164 Cal. 117, [128 Pac. 21];

Pinney etc. Co.

v.

Los Angeles Gas

[555]

etc. Co.,

168 Cal. 12, [Ann. Cas. 1915D, 471, L. R. A. 1915C, 282, 141 Pac. 620];

Associated Pipe Line Co.

v.

Railroad Commission,