Kings County Lighting Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of September, 1916, granting plaintiff’s motion for judgment on the pleadings, and sustaining its demurrer to the first separate defense and to the second and third separate and partial defenses contained in the answer to plaintiff’s first cause of action.
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Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 12th day of September, 1916, granting plaintiff’s motion for judgment on the pleadings, and sustaining its demurrer to the first separate defense and to the second and third separate and partial defenses contained in the answer to plaintiff’s first cause of action. The defenses demurred to alleged that the terms of plaintiff’s contract for .lighting had been modified by the act of June 3, 1905, fixing the…
1Opinion of the Court
Putnam, J.:
Statutes should be construed, if possible, so as not to repeal other legislative acts by implication, and should be given a reasonable intendment. Hence we should not impute to the Legislature, in passing the act of 1905 fixing seventy-five cents per 1,000 cubic feet as the price to the city of New York as a consumer of illuminating gas,. a purpose to take away plaintiff’s right to compensation under prior contracts performed in fighting the streets of the thirtieth ward. By this contract plaintiff does not furnish or sell gas, except as incidental to maintaining street lamps with…
2Cases cited5 opinions
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- People Ex Rel. New York & Queens Gas Co. v. McCallNew York Court of Appeals · 1916
- Vicksburg v. Vicksburg Waterworks Co.Supreme Court of the United States · 1907
- People ex rel. New York & Queens Gas Co. v. McCallAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by9 opinions
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Matter of 440 E. 102nd St. Corp. v. MurdockNew York Court of Appeals · 1941
- People Ex Rel. Village of South Glens Falls v. Public Service CommissionNew York Court of Appeals · 1919
- City of Charleston v. Public Service CommissionWest Virginia Supreme Court · 1920
- Farrell v. Board of HealthAppellate Division of the Supreme Court of the State of New York · 1935
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