New York Court of Appeals

The City of Rochester, Respondent v. Rochester Gas and Electric Corporation, Appellant, Impleaded With Another

February 28, 1922233 N.Y. 39

Summary

The New York Court of Appeals held that the Public Service Commission possessed the authority and jurisdiction to order a forty‑cent per month service charge on gas customers, that the charge was not rent on a gas meter within the meaning of the Transportation Corporations Law, and that the charge was not unjust, unreasonable, or discriminatory. Accordingly, the judgment of the Appellate Division in favor of the plaintiff was reversed. Justice Pound dissented, arguing that the charge was discriminatory and functioned as rent.