Brooklyn Union Gas Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11 th day of May, 1906, denying the defendant’s motion for an inspection of the books of the plaintiff and of its manufacturing plant. The action is to recover for illuminating gas furnished to the defendant for its public buildings and streets.
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Appeal by the defendant, The City of Mew York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 11 th day of May, 1906, denying the defendant’s motion for an inspection of the books of the plaintiff and of its manufacturing plant. The action is to recover for illuminating gas furnished to the defendant for its public buildings and streets. The price charged is less than the maximum price of one dollar and twenty-five, cents a thousand cubic feet fixed by section JO of the Transportation Corporations…
1Opinion of the Court
Gaynor, J.:
The rule is that public service corporations may charge only a reasonable rate, and the courts may ascertain such rate in a given case. But this-rule has no application where the legislature .has fixed the rate. The people through their representatives assembled in legislature have the undoubted power to fix the rate which public service corporations shall charge the public. That is a legislative matter.' If the legislature fix the fare too high the people may elect legislative representatives who will lower it. The courts have no power to lower it. It is not for the courts to…
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