What is AFFECTED WITH A PUBLIC INTEREST? Definition of AFFECTED WITH A PUBLIC INTEREST in Black's Law Dictionary
Affirmatively, phrase means that a business or prop- erty must be sun or be so employed as to justify the conclusion that it has been devoted to a pub- lic use, and its use thereby in effect granted to the public. Negatively, it does not mean that a business is affected with a public interest merely because it is large or because the public are war- ranted in having a feeling of concern in respect of its maintenance. H. Earl Clack Co. v. Public Service Commission of State of Montana, 94 Mont. 488, 22 P.2d 1056.
A business given a virtual monopoly in its field or where the public adapt their business or conduct to the methods used by it. Western Buse Telephone Co. v. Northwestern Bell Telephone Co., 188 Minn. 524, 248 N.W. 220, 229. The business must affect the prosperity of a large part of file members of the body politic. Ex parte Kazas, 22 Cal.App. 2d 161, 70 P.2d 962, 967. This phrase means something more than "quasi public," or "not strictly private," and similar phrases employed as a basis for upholding police regulations. A business is not affected with a public inter- est merely because the public derives benefit, accommoda- tion, ease or enjoyment from its existence or operation, such as admissions to places of amusement or entertain- ment. Tyson & Bro.-United Theatre Ticket Offices v. Ban- ton, 273 U.S. 418, 47 S.Ct. 426, 429, 71 L.Ed. 718, 58 A.L.R. 1236.
Businesses. Three classes of such businesses : (1) Those carried on under the authority of a public grant or privi- lege expressly or impliedly imposing an affirmative duty of rendering public service demanded by the public, such as common carriers and public utilities ; (2) occupations regarded as exceptional, the public interest attaching to which has been recognized from earliest times and has sur- vived the period of arbitrary laws by Parliament or colo- nial legislatures for regulating trades and callings, such as inns, cabs, and grist mills ; (3) businesses which, though not public at their inception, have become such by devot- ing their business to a public use, thereby granting the public an interest in that use and subjecting themselves to public regulation to extent of that interest, although the property continues to belong to its private owner, and to be entitled to protection accordingly, as public warehouses for storage of grain, .banks, and insurance companies. Rohrer v. Milk Control Board, 121 Pa.Super. 281, 184 A. 133, 138.
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