Legal Opinion

People Ex Rel. Village of South Glens Falls v. Public Service Commission

New York Court of Appeals

Decided January 7, 1919PublishedCited by 73 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third 'judicial department, entered September 18, 1918, which reversed, on certiorari, a determination of the public service commission, second district, dismissing the relator’s complaint against the United Gas, Electric Light and Fuel Company, and referred the matter back to the commission for action thereon in accordance with the prayer of the complaint.

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Appeal from an order of the Appellate Division of the Supreme Court in the third 'judicial department, entered September 18, 1918, which reversed, on certiorari, a determination of the public service commission, second district, dismissing the relator’s complaint against the United Gas, Electric Light and Fuel Company, and referred the matter back to the commission for action thereon in accordance with the prayer of the complaint. The facts, so far as material, are stated in the opinion. The legislature has paramount and supreme rate-making power, especially in the matter of gas rates, where…

1Opinion of the CourtCrane, J.

In September of 1900 the village of South Glens Falls, New York, granted to the United Gas, Electric Light and Fuel Company the right and power to use the streets within the village for the purpose of maintaining pipes and necessary feeders for lighting, fuel and other purposes for which gas may be used. The right was for the term of fifty years.

It was provided that in consideration of this license the said company should charge no greater sum than one dollar and twenty-five cents ($1.25) per thousand cubic feet for the use of gas for illuminating or fuel purposes.

The gas company established…

2Cases cited8 opinions

  1. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
  2. Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
  3. Texas & New Orleans Railroad v. MillerSupreme Court of the United States · 1911
  4. Rochester Railway Co. v. City of RochesterSupreme Court of the United States · 1907
  5. City of Rochester v. . Rochester Railway Co.New York Court of Appeals · 1905

3 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
  2. State v. City of New OrleansSupreme Court of Louisiana · 1922
  3. Attorney General v. Detroit United RailwayMichigan Supreme Court · 1920
  4. Weisel v. Hagdahl Realty Co.Appellate Division of the Supreme Court of the State of New York · 1934
  5. Southern Utilities Co. v. City of PalatkaSupreme Court of Florida · 1923

68 more not listed; retrieve them via the Exa API.

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