Mahlon Pitney

“ Plaintiff in error operates under a franchise granted by a city ordinance passed February 21, 1898, for a term of twenty-five years, which permitted a rate of 25 cents per thousand for a period of ten years from its passage, but within that period the company voluntarily introduced a net rate of 18 cents and maintained it for some years prior to the adoption of the ordinance of 1911. ”

“ Voluminous evidence was taken upon this issue, and the court found the defense to be unfounded in fact, and made a decree in favor of the city, but without prejudice to the right of the company to apply for a modification 'if at any time it should appear that said rate of 18 cents net does not render an adequate return to said defendant company.' An appeal was taken to the court of appeals and there heard upon the evidence taken in the court of common pleas and additional evidence, and the same decree was entered as in the court of common pleas. ”