Town of North Hempstead v. Public Service Corp. of Long Island
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court, entered July 27, 1920, which reversed an order of Special Term denying a motion to continue a temporary injunction to restrain defendant from increasing rates charged for gas furnished to private consumers over the sum fixed therefor in the town’s consent, ■ pending a hearing before the public service commission and continued the injunction.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court, entered July 27, 1920, which reversed an order of Special Term denying a motion to continue a temporary injunction to restrain defendant from increasing rates charged for gas furnished to private consumers over the sum fixed therefor in the town’s consent, ■ pending a hearing before the public service commission and continued the injunction. The written consent containing the condition that appellant furnish gas for fifty years to the inhabitants of the respondent at a fixed rate, at the time of its making,…
1Opinion of the CourtPound, J.
The first question certified is more broadly stated than is necessary for the determination of this appeal which presents only the case of a consent given after the enactment of the statute referred to in the question. It reads as follows:
“ Has a public service gas corporation, whose consent from the municipal authorities of a town contains as a regulation a statement prescribing a maximum rate to be charged to private consumers, the right to charge an increased rate by filing a schedule as prescribed by statute specifying the increased rate pursuant to section 66, subdivision 12, of the…
2Cases cited5 opinions
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- Schenck v. . BarnesNew York Court of Appeals · 1898
- People ex rel. New York Steam Co. v. StrausAppellate Division of the Supreme Court of the State of New York · 1919
- Public Service Commission, Second District v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1918
- People Ex Rel. New York Steam Company v. . StrausNew York Court of Appeals · 1919
3Cited by16 opinions
- Midland Realty Co. v. Kansas City Power & Light Co.Supreme Court of the United States · 1937
- City of New Haven v. New Haven Water Co.Supreme Court of Connecticut · 1946
- Public Service Commission v. Pavilion Natural Gas Co.New York Court of Appeals · 1921
- Matter of Dry Dock, E.B. B.R.R. Co.New York Court of Appeals · 1930
- Tonawanda Board & Paper Co. v. City of TonawandaAppellate Division of the Supreme Court of the State of New York · 1921
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