Morrell v. Brooklyn Borough Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brooklyn Borough Gas Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 27th day of September, 1920, granting an injunction pendente lite. Defendant manufactures and sells gas in the thirty-first ward of the borough of Brooklyn.
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Appeal by the defendant, Brooklyn Borough Gas Company, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 27th day of September, 1920, granting an injunction pendente lite. Defendant manufactures and sells gas in the thirty-first ward of the borough of Brooklyn. The complaint charged that notwithstanding the provisions of chapter 48 of the Consolidated Laws regarding gas rates, the Public Service Commission of the State of New York for the First District, on July 2, 1920, had made and issued an order to…
1Concurrence
Kelly, J.:
I concur in the affirmance of the order granting injunction pendente lite but for reasons which are not entirely in accord with those expressed in the prevailing opinion. In view of the fact that the statutory rates fixed for defendant by the Legislature have been declared confiscatory and void, I think the power to fix a reasonable rate devolved upon the Public Service Commission after due hearing and investigation. I think this was the intention of the Legislature in such case. (People ex rel. Village of S. Glens Falls v. P. S. Comm., 225 N. Y. 216.) The consumers of gas were not…
2Cases cited4 opinions
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
- Public Service Commission for First District v. Brooklyn Borough Gas Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Town of North Hempstead v. Public Service Corp.Appellate Division of the Supreme Court of the State of New York · 1920