City of Rochester v. Rochester Gas & Electric Corp.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 3, 1921, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The service charge is not rent of a gas meter within the meaning of section 66 of the Transportation Corporations Law. (People v. Briggs, 193 N. Y. 457; Jones v. Richmond Gas Co., 7 App. Div. 465; Matter of De Camp, 19 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 3, 1921, in favor of plaintiff upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The service charge is not rent of a gas meter within the meaning of section 66 of the Transportation Corporations Law. (People v. Briggs, 193 N. Y. 457; Jones v. Richmond Gas Co., 7 App. Div. 465; Matter of De Camp, 19 App. Div. 564.) The public service commission had authority and jurisdiction to order the service charge. (Texas P. R. Co. v. Abilene Cotton…
1Opinion of the CourtCardozo, J.
The Rochester Gas and Electric Corporation petitioned the public service commission for permission to increase the price of manufactured gas. The commission made an order fixing the rate at $1.30 per thousand cubic feet of gas in addition to a “ service charge ” against each consumer of forty cents per month. The service charge alone is the subject of this controversy. The city of Rochester, one of the consumers affected by the order, prays an injunction directed to the commission and the company. The submission restricts the controversy to three questions:
First. Did the Public Service…
2Cases cited12 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- New York Ex Rel. New York & Queens Gas Co. v. McCallSupreme Court of the United States · 1917
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
- Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
- Burks v. . BossoNew York Court of Appeals · 1905
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3Cited by37 opinions
- Kovarsky v. Brooklyn Union Gas Co.New York Court of Appeals · 1938
- Matter of DoneganNew York Court of Appeals · 1940
- New York State Council of Retail Merchants, Inc. v. Public Service CommissionNew York Court of Appeals · 1978
- Lewis v. M. C.C. of CumberlandCourt of Appeals of Maryland · 1947
- Antioch Milling Co. v. Public Service Co.Illinois Supreme Court · 1954
32 more not listed; retrieve them via the Exa API.