R. P. Smith and J. Hugh Smith v. Public

On June 16, 1958, Missouri Utilities Company filed with the Missouri Public Service Commission an application for permission
to increase its rates for water services at Cape Girardeau, Missouri. After a hearing was held, the Commission approved the
application which gave the Utilities Company an increase in revenue of about $105,000 per annum based on sales for 1957. On
review to the Circuit Court of Cole County, Missouri, that court affirmed the order of the Commission. An appeal was taken
to this court. Since the order of the Commission resulted in an increase in revenue of $105,000 per year, appellate jurisdiction
is vested in this court. State ex rel. Missouri Water Company v. Public Service Commission, Mo., 308 S.W.2d 704. To understand fully the points briefed on this appeal, it is necessary that we state the names of the parties and persons
who appeared before the Commission during the pendency of this case. Missouri Utilities Company, the applicant, was represented
by its attorneys; American White Cross Laboratories, Sunny Hill Farm Dairy, and Rigdon Laundry were permitted to intervene
and were represented by attorneys; the City of Cape Girardeau was represented by its attorney; the general counsel for the
Commission and an assistant were present for the Commission. The record further shows that R. P. Smith, an attorney at Cape
Girardeau, appeared as representing twenty-six persons, including J. Hugh Smith, a son of R. P. Smith.