Bronx Gas & Electric Co. v. Public Service Commission
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Bronx Gas and Electric Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of July, 1919, denying plaintiff’s motion, made pursuant to section 976 of the Code of Civil Procedure, to overrule the demurrer interposed to the first cause of action alleged in the complaint and for judgment on the pleadings.
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Appeal by the plaintiff, The Bronx Gas and Electric Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of July, 1919, denying plaintiff’s motion, made pursuant to section 976 of the Code of Civil Procedure, to overrule the demurrer interposed to the first cause of action alleged in the complaint and for judgment on the pleadings. The opinion of the Special Term is reported in Bronx Gas & Electric Co. v. Pub. Serv. Comm. (108 Misc. Rep. 180).
1Opinion of the Court
Page, J.:
The plaintiff is a public service corporation, incorporated in 1893 pursuant to the Transportation Corporations Law of the State of New York (Gen. Laws, chap. 40; Laws of 1890, chap. 566) for the purpose of making and furnishing illuminating gas and electricity in certain towns and villages which have since then been annexed to and become a part of the city of New York, being a portion of the borough of The Bronx, and the plaintiff is now supplying the inhabitants of that territory with gas and electricity under franchises duly obtained for that purpose. The complaint is quite long,…
2Cases cited14 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Munn v. IllinoisSupreme Court of the United States · 1877
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- City of Knoxville v. Knoxville Water Co.Supreme Court of the United States · 1909
- Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
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3Cited by11 opinions
- Southern Bell Telephone & Telegraph Co. v. Tennessee Public Service CommissionTennessee Supreme Court · 1957
- Brooklyn Union Gas Co. v. PrendergastDistrict Court, E.D. New York · 1925
- In Re Joint E. & S. Dist. Asbestos LitigationDistrict Court, S.D. New York · 1995
- Findley v. FaliseDistrict Court, E.D. New York · 1995
- Louisiana Water Co. v. Public Service CommissionDistrict Court, W.D. Missouri · 1923
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