Legal Opinion

Public Service Commission v. Kings County Lighting Co.

New York Supreme Court

Decided January 15, 1919Published

Application for a mandamus under section 74 of the Public Service Commissions Law.

1Opinion of the CourtCropsey, J.

Upon the argument counsel for the respondent conceded there was no question of fact raised by the pleadings — that the only question was one of law. Hence no proof need be taken and the decision may be made upon the papers.

*666The commission has ordered each gas company to file a schedule of its rates and the forms of its contracts. The respondent has not complied with this order. The sole question is whether it must do so.. The respondent makes two claims, one that the commission had no power to make the order because it had no power to fix the rate, and the other that the statute permits the…

2Cases cited3 opinions

  1. People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
  2. Public Service Commission, Second District v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1918
  3. Public Service Commission v. Brooklyn Borough Gas Co.New York Supreme Court · 1918

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