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People ex rel. Iroquois Natural Gas Co. v. Public Service Commission

196 A.D. 910 Court Third Department, English

Contents

Majority

p. 910
Third Department,
March, 1921.
The People of the State of New York ex rel. Iroquois Natural Gas Company, Relator, v. Public Service Commission, Second District, and City of Buffalo, Respondents.

Headnote

Gas and electricity — application by gas company for increased rates — error in determination affecting rate base — determination annulled — weight of evidence for Commission.

It having been conceded that there was an error in the determination affecting the rate base exceeding $850,000, it is clear that independently of the, former opinion of this court [See 194 App. Div. 578 ] the determination should be reversed, and an appeal to the Court of Appeals would be useless. Furthermore this court has expressed no opinion as to the questions asked to be certified. The weight of evidence is for the Commission. All motions are, therefore, denied.