Municipal Gas Company of the City of Albany, Appellant v. Public Service Commission, Second District, Respondent…

Summary

The New York Court of Appeals reversed the demurrer, holding that the complaint sufficiently alleged a claim of confiscatory rate enforcement and that equity may be used to obtain an injunction; the statute fixing gas rates contains an implied condition that it must not deprive the company of a fair return, and the gas and electric businesses are separate for rate‑regulation purposes.