Legal Opinion

Village of Warsaw v. Pavilion Natural Gas Co.

Appellate Division of the Supreme Court of the State of New York

Decided March 16, 1921Published

Appeal by the defendant, Pavilion Natural Gas Company, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Wyoming on the 1st day of June, 1920, granting plaintiff's motion for an injunction pendente lite.

1Opinion of the Court

Davis, J.:

The appellant, a domestic gas corporation, on April 14, 1909, obtained from the village of Warsaw, a municipal corporation, a franchise ‘ whereby it was permitted to lay its mains and pipes in the streets, agreeing on its part that it would furnish a supply of gas to its customers in said village, including the municipality itself, at a maximum rate of forty *717cents per 1,000 feet for the individual customers, and twenty cents per 1,000 feet to the municipality for fighting certain buildings. The term of this agreement was fifty years.

The-corporation thereafter laid its mains,…

2Cases cited5 opinions

  1. Columbus Railway, Power & Light Co. v. City of ColumbusSupreme Court of the United States · 1919
  2. People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
  3. Public Service Commission, Second District v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1918
  4. Public Service Commission v. . Iroquois Natural Gas Co.New York Court of Appeals · 1919
  5. Town of North Hempstead v. Public Service Corp.Appellate Division of the Supreme Court of the State of New York · 1920

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