Legal Opinion · Dissent

Public Service Commission v. Pavilion Natural Gas Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 28, 1921Published

Appeal by the plaintiff, Public Service Commission, Second District, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 27th day of May, 1920, upon the decision of the court, rendered after an inquiry at the Albany Special Term into the facts and circumstances as required by section 74 of the Public Service Commissions Law, dismissing plaintiff’s petition upon the merits.

1Dissent

Kiley, J. (dissenting) :

The defendant, respondent, herein is-a domestic corporation, organized in November, 1905. It owns and operates a gas plant in the counties of Genesee and Livingston, N. Y. From the meager record before us I think we may infer that its principal business office is at Pavilion, N. Y. Since its incorporation it has béen procuring and distributing natural gas in the locality where it is now operating. Different rates prevail in the different towns and villages in which its gas is distributed. The distribution of this gas to the consumer is permitted by a franchise from the…

2Cases cited5 opinions

  1. People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
  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. . Iroquois Natural Gas Co.New York Court of Appeals · 1919
  4. Town of North Hempstead v. Public Service Corp.Appellate Division of the Supreme Court of the State of New York · 1920
  5. People ex rel. Village of South Glens Falls v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1918

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API