Municipal Gas Co. v. Public Service Commission
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1918, which affirmed an'order of Special Term granting a motion by defendant, respondent, for judgment on the pleadings. The following question was certified: “ Does the complaint in this action state facts sufficient to constitute a cause of action against the defendant Public Service Commission, Second District.”
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 22, 1918, which affirmed an'order of Special Term granting a motion by defendant, respondent, for judgment on the pleadings. The following question was certified: “ Does the complaint in this action state facts sufficient to constitute a cause of action against the defendant Public Service Commission, Second District.” Chapter 227 of the Laws of 1907 is unconstitutional against plaintiff, appellant, because confiscatory and plaintiff, appellant, can properly…
1Opinion of the CourtCardozo, J.
In April, 1907, the legislature of this state enacted a statute which fixed the maximum charge for illuminating gas in the city of Albany at $1 per thousand cubic feet (L. 1907, ch. 227). Violation of this act was to involve, for each offense, a forfeiture of $1,000 to the People of the State. For many years, the plaintiff, a corporation, has sold gas to consumers in Albany. It has not exceeded in its charges the statutory maximum. But it asserts that changed conditions have made those charges inadequate, and that to compel adherence to the statute is to confiscate its property. At first, it…
2Cases cited28 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Smyth v. AmesSupreme Court of the United States · 1898
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Willcox v. Consolidated Gas Co.Supreme Court of the United States · 1909
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
23 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Galveston Electric Co. v. City of GalvestonSupreme Court of the United States · 1922
- Newton v. Consolidated Gas Co. of NYSupreme Court of the United States · 1922
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Matter of Levy v. Bd. of Standards AppealsNew York Court of Appeals · 1935
58 more not listed; retrieve them via the Exa API.