New York & Queens Gas Co. v. Newton
District Court, S.D. New York
In Equity. Suit by the New York & Queens Gas Company against Charles D. Newton, as Attorney General of the State of New York, Denis O’Eeary, as District Attorney of the County of Queens, and Eewis Nixon, constituting the Public Service Commission for the First District. On motion by complainant for permanent injunction on the report and opinion of the special master, to which each of the parties had filed exceptions.
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In Equity. Suit by the New York & Queens Gas Company against Charles D. Newton, as Attorney General of the State of New York, Denis O’Eeary, as District Attorney of the County of Queens, and Eewis Nixon, constituting the Public Service Commission for the First District. On motion by complainant for permanent injunction on the report and opinion of the special master, to which each of the parties had filed exceptions. The opinion of Abraham S. Gilbert, as special master, is as follows: The complainant New York & Queens Gas Company is engaged in the business of manufacturing gas in that part of…
1Opinion of the Court
MAYER, District Judge.
The bill prays for a decree which shall declare confiscatory, and therefore unconstitutional, so much of chapter 125 of Daws of New York of 1906 as prohibits the charging of *288more than $1 per 1,000 cubic feet of gas sold, for gas furnished to the inhabitants of the Third ward of the borough of Queens, commonly known as Blushing and its environs.
As a necessary accompaniment, the bill further prays that defendant public authorities shall be enjoined from enforcing the rate prescribed by the statute. The special master has submitted a full report, dealing, as he was…
2Cases cited3 opinions
- Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
- Consolidated Gas Co. of New York v. NewtonDistrict Court, S.D. New York · 1920
- Kings County Lighting Co. v. NixonDistrict Court, S.D. New York · 1920
3Cited by8 opinions
- McCardle v. Indianapolis Water Co.Supreme Court of the United States · 1926
- West Ohio Gas Co. v. Public Util. Comm'n of OhioSupreme Court of the United States · 1935
- City of Minneapolis v. RandCourt of Appeals for the Eighth Circuit · 1923
- Reno Power, Light & Water Co. v. Public Service CommissionDistrict Court, D. Nevada · 1923
- New York & Queens Gas Co. v. PrendergastDistrict Court, S.D. New York · 1924
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