People Ex Rel. New York Edison Co. v. Willcox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 24, 1912, which dismissed a writ of certiorari and affirmed a determination of the defendant Public Service Commission authorizing the defendant Long Acre Electric Light and Power Company to issue stocks and bonds. 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 first judicial department, entered July 24, 1912, which dismissed a writ of certiorari and affirmed a determination of the defendant Public Service Commission authorizing the defendant Long Acre Electric Light and Power Company to issue stocks and bonds. The facts, so far as material, are stated in the opinion. Competition is not permitted in the case of public service corporations, regulated by statute, unless the public interest requires it. (Willcox v. C. G. Co., 212 U. S. 19; Weld v. G., etc., Comrs., 197 Mass.…
1Dissent
Cullen, Ch. J.
(dissenting.) At the threshold of this case the question arises whether, in the eyes of the law, the appellant is the party aggrieved by the determination it seeks to review on appeal, for otherwise, no matter how erroneous that determination may have been, the appellant has no standing in court to prosecute the appeal, and it must be dismissed. In 1908 the respondent, claiming to be the owner of a valid franchise to furnish electric light and power in the city of New York, applied to the public serv ice commission for authority to issue stock and bonds as required by section 12…
2Cases cited19 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People v. . O'BrienNew York Court of Appeals · 1888
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
- People Ex Rel. Delaware & Hudson Co. v. StevensNew York Court of Appeals · 1909
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