Lord Maugham:-

This is an appeal by special leave from a judgment of the Supreme Court of Canada dated 28th June 1935, reversing a judgment of the Appeal Division of the Supreme Court of New Nrunswick. That Court had affirmed a judgment in the King's Bench Division whereby the appellants had recovered against the respondents the sum of $19,31.82 and costs. The appellants are a private company which sells electrical power in the City of Fredericton, New Brunswick. The company is however a "public utility" company with the meaning of the Public Utilities Act of New Brunswick (Ch. 127 of the Revised Statutes, 1927). It is accordingly under a statutory duty (S. 10) to furnish reasonably adequate service and facilities. It has annually to make to the Board of Commissioners of Public Utilities established by the Act some elaborate returns. It is strictly limited as to the rates, tolls, and charges which it can make and exact, which must be in exact accordance with filed schedules open to public inspection, and these schedules must remain unchanged until altered, reduced, or modified as provided by the Act (Ss. 14 and 15). S. 16 is in the following terms :

No public utility shall charge, de