Morrell v. . Brooklyn Borough Gas Co. No. 1
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, which affirmed an order of Special Term granting a motion for a temporary injunction.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, which affirmed an order of Special Term granting a motion for a temporary injunction. The following questions were certified: “1. On the complaint and moving affidavits, had the court at Special Term power to grant the injunction pendente lite against the defendant gas company, and to enjoin it from collecting the rate of $1.40 per thousand cubic feet of gas? “ 2. Had the public service commission power or jurisdiction to fix a rate for this defendant…
1Opinion of the CourtCrane, J.
The defendant manufactures and sells gas in the thirty-first ward of the borough of Brooklyn, city of New York, including all of Coney Island. By chapter 125 of the Laws of 1906 the maximum rate of $1.00 per thousand cubic feet was fixed as the price of gas and by chapter 604 of the Laws of 1916 and chapter 666 of the Laws of 1917 the rate was lowered to $0.80 per thousand cubic feet on and after July 1st, 1916. This rate being confiscatory by the estimates of the defendant, an action was brought in the Supreme Court, New York county, against the public service commission and others to have…
2Cases cited1 opinion
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
3Cited by6 opinions
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1922
- Michaelis v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1974
- Silberberg v. Citizens Water Supply Co.New York Supreme Court · 1921
- Town of Watertown v. City of WaterburySupreme Court of Connecticut · 1945
- Suffolk Sanitary Corp. v. Town BoardNew York Supreme Court · 1975
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