People Ex Rel. Kings County Lighting Co. v. Willcox
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1913, which sustained a writ of certiorari and reversed a determination of the state public service commission for the first district fixing the maximum rate for gas to be charged by the relator in the 30th ward of the borough of Brooklyn.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 9, 1913, which sustained a writ of certiorari and reversed a determination of the state public service commission for the first district fixing the maximum rate for gas to be charged by the relator in the 30th ward of the borough of Brooklyn. The relator was organized in 1904, and merged with the Kings County Gas and Illuminating Company, which was organized in 1889, and began supplying gas in October, 1891. The Appellate Division held that the determination of…
1Opinion of the CourtMiller, J.
It is now generally recognized that “ going value,” as distinct from “good will,” is to be considered in valuing the property of a public service corporation either for the purpose of condemnation or rate making, but there is a wide divergence of view as to how it is to be considered. The commission in this case says it was taken into account in valuing the plant as a “going” and not asa “ defunct or static ” concern and that it was also considered in fixing the fair rate of return. The Appellate Division says that there is no proof of the latter fact in the record. Thus the first question…
2Cases cited6 opinions
- Smyth v. AmesSupreme Court of the United States · 1898
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- San Diego Land & Town Co. v. National CitySupreme Court of the United States · 1899
- San Diego Land & Town Co. v. JasperSupreme Court of the United States · 1903
- City of Omaha v. Omaha Water Co.Supreme Court of the United States · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Banner Milling Co. v. State of New YorkNew York Court of Appeals · 1925
- United States v. Boston, C. C. & N. Y. Canal Co.Court of Appeals for the First Circuit · 1921
- Mtr. of City of Ny (5th Ave. Coach Lines)New York Court of Appeals · 1966
- Oshkosh Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1915
- Beaver Valley Water Co. v. PubLic Service CommissionSuperior Court of Pennsylvania · 1921
30 more not listed; retrieve them via the Exa API.