Legal Opinion

City of Oswego v. Peoples Gas & Electric Co.

New York Supreme Court

Decided August 15, 1921Published

Motion by defendant for judgment on the pleadings.

1Opinion of the CourtCheney, J.

The plaintiff brings this action to obtain a judgment declaring certain rates for gas, electricity and services in connection therewith, charged and demanded by the defendant, specifically set up in the complaint, to be unlawful, unjust and unreasonable, and perpetually enjoining the defendant from charging, demanding or collecting such rates from plaintiff or other consumers within the territory of the plaintiff. A temporary injunction was granted in the action restraining the defendant from collecting a service or demand charge. That injunction was subsequently modified to permit the…

2Cases cited12 opinions

  1. Clark v. LevyAppellate Division of the Supreme Court of the State of New York · 1909
  2. Walter v. . WalterNew York Court of Appeals · 1916
  3. Nulle v. Hardman, Peck & Co.Appellate Division of the Supreme Court of the State of New York · 1918
  4. Emanuel v. WalterAppellate Division of the Supreme Court of the State of New York · 1910
  5. Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

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