Brooklyn Union Gas Co. v. City of New York
New York Supreme Court
Application made on behalf of defendant, the city of Yew York, for an examination of the books and property of the plaintiff under sections 803, 804 and 805 of the Oode of Civil Procedure. The action is brought to recover the sum of $135,133.14, alleged to be due the plaintiff from the defendant for gas supplied in lighting public street lamps between the 1st day of January, 1903, and the 16th day of March, 1904. The complaint alleges: “ Third.
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Application made on behalf of defendant, the city of Yew York, for an examination of the books and property of the plaintiff under sections 803, 804 and 805 of the Oode of Civil Procedure. The action is brought to recover the sum of $135,133.14, alleged to be due the plaintiff from the defendant for gas supplied in lighting public street lamps between the 1st day of January, 1903, and the 16th day of March, 1904. The complaint alleges: “ Third. That in the portions of the streets or public highways of the Borough of Brooklyn, in which at all times hereinafter mentioned the plaintiff carried…
1Opinion of the CourtBubb, J.
The form of this application and the stipulation entered into between the parties eliminate from the consideration of this case every question save one, namely: Is the actual cost of the gas furnished by the plaintiff material to the issues.?
It is material unless, first, the Legislature have fixed a *455price which the defendant may charge the consumer, and, second, the consumer cannot he heard to question the reasonableness of the price so fixed. The Transportation Corporations Law provides as follows: “In any city in this state having a population of eight hundred thousand or over, no…
2Cases cited9 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Reagan v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1894
- Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Detroit v. Detroit Citizens' Street Railway Co.Supreme Court of the United States · 1902
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- State v. Mountain States Tel. & Tel. Co.New Mexico Supreme Court · 1950
- Silver King Coalition Mines Co. v. Industrial CommissionUtah Supreme Court · 1954
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