Legal Opinion

Pennsylvania Gas Co. v. Public Service Commission

New York Court of Appeals

Decided January 28, 1919PublishedCited by 28 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 30, 1918, which reversed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. The power to regulate commerce among the states delegated by the Constitution to the Federal government is exclusive.”

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered September 30, 1918, which reversed an order of Special Term granting a motion for a writ of prohibition. The facts, so far as material, are stated in the opinion. The power to regulate commerce among the states delegated by the Constitution to the Federal government is exclusive.” The states have no power to regulate, burden or restrict interstate commerce. (U. S. Const. art. 1, § 8; Gibbons v. Ogden, 9 Wheat. 1; Brown v. Houston, 114 U. S. 622; Walling v. Michigan,…

1Opinion of the CourtCardozo, J.

The Pennsylvania Gas Company is a Pennsylvania corporation which supplies natural gas to the inhabitants of the city of Jamestown. Its gas fields and wells are in Pennsylvania, and its gas is conveyed to Jamestown through pipe lines. About forty-five miles of fine are in Pennsylvania and about five in New York. It has a branch office in Jamestown, and its mains and pipes are in the city’s streets. Formerly its rates for gas were thirty cents a thousand. Recently it attempted to raise its rates to thirty-five cents, and filed a schedule with the public service commission accordingly. A citizen…

2Cases cited34 opinions

  1. Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
  2. Swift & Co. v. United StatesSupreme Court of the United States · 1905
  3. The Minnesota Rate CasesSupreme Court of the United States · 1913
  4. Bank of Augusta v. EarleSupreme Court of the United States · 1839
  5. Leisy v. HardinSupreme Court of the United States · 1890

29 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Baldwin v. G. A. F. Seelig, Inc.Supreme Court of the United States · 1935
  2. McGoldrick v. Berwind-White Coal Mining Co.Supreme Court of the United States · 1940
  3. Grubb v. Public Util. Comm'n of OhioSupreme Court of the United States · 1930
  4. Pennsylvania Gas Co. v. Public Service CommissionSupreme Court of the United States · 1920
  5. East Ohio Gas Co. v. Tax Comm'n of OhioSupreme Court of the United States · 1931

23 more not listed; retrieve them via the Exa API.

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