Public Service Commission v. Pavilion Natural Gas Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 7, 1921, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court-on trial at Special Term and granting a new trial in a summary proceeding instituted by the public service commission under section 74 of the Public Service Commissions Law.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered March 7, 1921, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court-on trial at Special Term and granting a new trial in a summary proceeding instituted by the public service commission under section 74 of the Public Service Commissions Law. The trial court correctly decided this action by dismissing the complaint and the proceeding on the merits. (Public Service Commissions Law, § 66, subd. 12; Town of North Hempstead v. P. S. Corp:, 231…
1Opinion of the CourtMcLaughlin, J.
The defendant is a gas corporation supplying natural gas to certain towns and villages in the counties of Wyoming, Genesee and Livingston, under franchises or agreements fixing the maximum rate to be charged, in some cases at forty and in others at forty-five cents per thousand cubic feet.
On August 12, 1919, the gas company filed a petition vfith the public service commission, for leave to raise the rates to seventy-five cents. Hearings.were had upon the application from time to time until February 7, 1920, when the gas company filed with the commission a schedule of rates increasing the…
2Cases cited4 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. of Long IslandNew York Court of Appeals · 1921
- Public Service Commission, Second District v. Iroquois Natural Gas Co.Appellate Division of the Supreme Court of the State of New York · 1918
- Public Service Commission v. . Iroquois Natural Gas Co.New York Court of Appeals · 1919
3Cited by12 opinions
- Midland Realty Co. v. Kansas City Power & Light Co.Supreme Court of the United States · 1937
- City of New Haven v. New Haven Water Co.Supreme Court of Connecticut · 1946
- State Ex Rel. Evansville City Coach Lines v. RawlingsIndiana Supreme Court · 1951
- Matter of Dry Dock, E.B. B.R.R. Co.New York Court of Appeals · 1930
- Nellis v. StateAppellate Division of the Supreme Court of the State of New York · 1923
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