Armour Packing Co. v. Edison Electric Illuminating Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Armour Packing Company, from a judgment of the- Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on tire 31-st day of July, 1905,. upon tlíe decision of the court, rendered after a trial at the Kings County Special' Term, overruling the plaintiff’s demurrer to the defendant’s answer and dismissing the complaint upon the merits. ...
1Opinion of the Court
Hooker, J.:
The plaintiff was a consumer of electricity for' lighting purposes which'had been, supplied by the defendant. . The'action is .to recover back a sum' of money which, it is alleged, was paid to the defendant for this service over and above the sums paid by other persons, firms and corporations -under similar circumstances and conditions, on the. theory that the sums charged to the plaintiff were excessive and unjust to the extent of the amount of the excess over the rate charged for the same service under the same conditions to others. For a separate defense the defendant in its…
2Cases cited5 opinions
- Gibbs v. Consolidated Gas Co. of BaltimoreSupreme Court of the United States · 1889
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
- Baxter v. . McDonnellNew York Court of Appeals · 1897
- Killmer v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1885
3Cited by16 opinions
- Pennsylvania Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
- Texas Power & Light Co. v. Hilltop Baking Co.Court of Appeals of Texas · 1935
- People Ex Rel. Cayuga Power Corp. v. Public Service CommissionNew York Court of Appeals · 1919
- Birmingham Water Works Co. v. BrownSupreme Court of Alabama · 1914
- Homestead Co. v. Des Moines Electric Co.Court of Appeals for the Eighth Circuit · 1918
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