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…
1Opinion of the Court
Putnam, J.:
Ordinarily this court does not review the discretion of the Special Term in granting or refusing an injunction pendente lite, on appeal from the order, but will leave the parties to the trial. (Smith & Sons Carpet Co. v. Ball, 137 App. Div. 100; Duryea v. Auerbach, 164 id. 44; Ginsburg v. Woolworth Co., 176 id. 882.) Here, however, are questions of law that seem to make an exception to the ordinary rule upon such appeals.
The powers of the Public Service Commission to sanction an increase of rate beyond that authorized by statute have always been restricted to the statutory rates.…
2Cases cited8 opinions
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- People Ex Rel. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1918
- Armour Packing Co. v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Bronx Gas & Electric Co. v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1919
- Smith v. BallAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by2 opinions
- 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