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upr000092-012
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    B 3* July 10, to the sums actually and fairly expanded in pro­ducing the business, the same as the fair value of the physical property may be arrived at from a consideration of its original cost* It is said that, in the case of a public utility, *going value* is not good will, and this may be true where the utility has a monopoly of the business in the community which it serves. Whether it is tr*ue as applied to this canal, which has to com­pete for business with the natural route for ships around the Cape, may be doubtful* But whether it be called going value or good will, we think the elements of cost that enter into it may properly be considered as elements going to increase the physical value of the plant* Kennebec Water Dis­trict v. Waterville, 97 Me. 185, £17, 54 Atl. 6 , 60 L.R.A. 856s Brunswick & T. Water Dist. v.Maine Water Co., 218 U.S. 180, 202, 30 Sup. Ct. 615, 54 L. Ed. 991, 48 L. R. A. (N.S*) 1084; Soring Val­ley Water Works v* San Francisco (C.C.) 192 Fed* 137; Das Moines Water Co* v* Des Moines (C.C.J192 Fed. 193; People v. Willcox, 210 H.Y. 479, 104 N* B . 911, 51 L.R.A. (N.S.) 1. See, also, Brooklyn Borough Gas Go. v* Public Service Commission, P. U.R. 1918F, 335, 354, and cases there cited. *In the trial of this case those costs were spoken of as * development costs,* and it is ar­gued that to allow such costs is to capitalize losses, and that on this theory the greater the loss the greater would be the value, and that no limit could be placed on the period of develop­ment in creating a *going value.* But we think that such, costs may fairly be taken into consid­eration in determining the amount by which the value of the physical plant should be increased, provided the evidence discloses that the enter­prise is a profitable one, or that there is rea­sonable probability that it will become so. A business which is unprofitable, or which it is not reasonably probable will become profitable within a reasonable time, has no *going value.* It may be difficult to determine how much of the costs of development should be allowed as having created a *going value,* but the ques­tion does not stand differently from other ques­tions of fact which must be determined by a jury.