Reports of Cases Argued And Determined in the Supreme Court of the State of Idaho
Reports of Cases Argued And Determined in the Supreme Court of the State of Idaho
Idaho. Supreme Court
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1206.) Budge & Barnard, for City of Pocatello. "Goodwill'' is excluded as an element of value in all valu- ations where the utility enjoys a monopoly. (Willcox v. Consolidated Oas Co., 212 U. S. 19, 29 Sup. Ct. 192, 53 L. ed. 382, 15 Ann. Cas. 1034, 48 L. B. A., N. S., 1134; Pond on Public Utilities, sec. 474 ; Contra Costa Water Co. v. City of Oakland, 159 Cal. 323, 113 Pac. 668.) ''Going value" should not be considered as distinct from the plant itself, to be appraised at an arbitrary value, ...as peti- tioner suggests should be done in this case, but as an insepa- rable element entering into the entire value of the plant as an operating structure. (Brunswick dk T. Water Dist. v. Maine Water Co., 99 Me. 371, 59 Atl. 537, 539; Spring Valley Waterv^orks Co. v. San Francisco, 192 Fed. 137; National Waterworks Co. v. Kansas City, 62 Fed. 853, 10 C. C. A. 653, 27 L. B. A. 827 ; Cedar Rapids Oas Light Co. v. City of Cedar Rapids, 144 Iowa, 426, 138 Am. St. 299, 120 N. W. 966, 969, 48 L. R. A., N.
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