County Transportation Co. v. Maltbie

The right of a public utility to sue -the Public Service Commission in equity for an injunction against the enforcement of a rate claimed to be confiscatory is now admissible under the New York practice (Staten Island Edison Corp. v. Maltbie, 296 N. Y. 374). The earlier doubts about the practice which seemed to leave open an article 78 proceeding in the nature- of certiorari as the only relief from confiscation under constitutional protection have now been resolved in favor of equity as an additional remedy.

There were earlier views which upheld parallel equitable relief. See discussions of…