Legal Opinion

People Ex Rel. Cayuga Power Corp. v. Public Service Commission

New York Court of Appeals

Decided July 15, 1919PublishedCited by 16 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1918, which reversed a determination of the public service commission, second district, and remitted the proceeding to the commission for further consideration.

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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 9, 1918, which reversed a determination of the public service commission, second district, and remitted the proceeding to the commission for further consideration. The following questions were certified: 1. “Is the Cayuga Power Corporation upon the facts contained in the record herein entitled as matter of law to require the public service commission, second district, to entertain and consider upon the merits the application of said corporation for leave to…

1Opinion of the CourtCardozo, J.

In May, 1915, a corporation known as the Cayuga Power Corporation was organized under the laws of this state. Its incorporators said in their certificate that they were acting under article 7 of the Trans portation Corporations Law (Consol. Laws, chap. 63). The business, however, - was to be a private one with no element of public service. The corporation, in the words of the certificate, was “ to generate and distribute electricity solely on or through private property for railroad or street railroad purposes, or for its own use or the use of its tenants.” The effect of this abdication of…

2Cases cited3 opinions

  1. People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
  2. Pennsylvania Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
  3. Armour Packing Co. v. Edison Electric Illuminating Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by16 opinions

  1. State Ex. Rel. York v. B. of C. Com'rsWashington Supreme Court · 1947
  2. United States of America, Plaintiff-Appellee-Cross-Appellant v. Consolidated Edison Company of New York, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1978
  3. Tismer v. . New York Edison Co.New York Court of Appeals · 1920
  4. Penn-York Natural Gas Corp. v. MaltbieNew York Supreme Court · 1937
  5. Brewer v. Brooklyn Union Gas Co.New York Supreme Court · 1962

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