Legal Opinion

Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.

New York Court of Appeals

Decided February 18, 1908PublishedCited by 143 opinions

Appeal from an order .of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1907, which affirmed a determination of the state commission of gas and electricity fixing the maximum price that the defendant could charge for gas and electricity in the village of Saratoga Springs. The facts, so far as material, are stated in the opinion.

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Appeal from an order .of the Appellate Division of the Supreme Court in the third judicial department, entered December 2, 1907, which affirmed a determination of the state commission of gas and electricity fixing the maximum price that the defendant could charge for gas and electricity in the village of Saratoga Springs. The facts, so far as material, are stated in the opinion. Chapter 737 of the Laws of 1905, under which the proceeding was taken, is unconstitutional on the ground that it denies the company, whose property is taken by order of the commission, the equal protection of the…

1Opinion of the Court

Cullen, Ch. J.

This appeal presents' the question of the constitutionality of the statute passed by the legislature in 1905 (Chap. 737), providing for the appointment by the governor of a commission which was authorized to determine, upon the complaint of municipal authorities or consumers, the maximum price to be charged for service by gas and electric light companies. This statute confers many other powers upon the commission. This appeal, however, presents only the question of the validity of the statute in so far as it confers upon the commission the power to fix maximum rates. The…

2Cases cited30 opinions

  1. Field v. ClarkSupreme Court of the United States · 1892
  2. Wayman v. SouthardSupreme Court of the United States · 1825
  3. Maynard v. HillSupreme Court of the United States · 1888
  4. Buttfield v. StranahanSupreme Court of the United States · 1904
  5. Union Bridge Co. v. United StatesSupreme Court of the United States · 1907

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

3Cited by143 opinions

  1. Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
  2. Boreali v. AxelrodNew York Court of Appeals · 1987
  3. Nicholas v. KahnNew York Court of Appeals · 1979
  4. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  5. Darweger v. StaatsNew York Court of Appeals · 1935

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

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