Public Service Commission v. Pavilion Natural Gas Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Public Service Commission, Second District, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Albany on the 27th day of May, 1920, upon the decision of the court, rendered after an inquiry at the Albany Special Term into the facts and circumstances as required by section 74 of the Public Service Commissions Law, dismissing plaintiff’s petition upon the merits.
1Opinion of the Court
Van Kirk, J.:
A stipulation in a franchise granted by a village to a gas company, fixing the maximum price which it will charge for gas furnished to the inhabitants of the village, is a contract; but it is a contract which is subject to the police power of the State and may be modified for the public welfare. The exercise of this power rests in the Legislature, which may confer the exercise of the power upon the Public Service Commission. The Legislature has conferred this power upon the Public Service Commission. (Pub. Serv. Comm. Law, § 66, subd. 5; Id. § 72;* People ex rel. Village of South…
2Cases cited2 opinions
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- Town of North Hempstead v. Public Service Corp.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by1 opinion
- Village of Warsaw v. Pavilion Natural Gas Co.New York Supreme Court · 1921