Town of North Hempstead v. Public Service Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Town of North Hempstead, from an order of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 8th day of May, 1920, denying plaintiff’s motion to continue a temporary injunction contained in.an order to show cause granted by the county judge of Nassau county on April 26, 1920, restraining the defendant from increasing the rates charged by it for gas over the rates fixed by the franchise granted defendant, and vacating…
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Appeal by the plaintiff, Town of North Hempstead, from an order of the Supreme Court, entered in the office of the clerk of the county of Nassau on the 8th day of May, 1920, denying plaintiff’s motion to continue a temporary injunction contained in.an order to show cause granted by the county judge of Nassau county on April 26, 1920, restraining the defendant from increasing the rates charged by it for gas over the rates fixed by the franchise granted defendant, and vacating said temporary injunction.
1Opinion of the Court
Kelly, J.:
The question presented on this appeal is whether the defendant gas corporation has the power under the provisions of the Public Service Commissions Law (§ 66, subd. 12) to increase the rates and charges specified in the franchise agreement of 1912 under which it occupies the streets of the town, by filing a new schedule prepared by the company, without the consent of the town and without any action of the Public Service Commission approving such increase.
In People ex rel.. Village of South Glens Falls v. P. S. Comm. (225 N. Y. 216) the Court of Appeals held that a franchise or…
2Cases cited4 opinions
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- Public Service Commission, Second District v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Public Service Commission v. . Iroquois Natural Gas Co.New York Court of Appeals · 1919
3Cited by4 opinions
- Public Service Commission v. Pavilion Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Morrell v. Brooklyn Borough Gas Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Public Service Commission v. Pavilion Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Village of Warsaw v. Pavilion Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1921