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U.S. Supreme Court

New York ex Rel. Woodhaven Co. v. Public Svc. Comm'n, 269 U.S. 244 (1925)


1. A case involving the validity of an order requiring a gas company to extend its mains did not become moot through the act of the chanroblesvirtualawlibrary

Page 269 U. S. 245

company in making part of the specified extensions since suing out its writ of error. P. 269 U. S. 246.

2. In determining whether an order of a state commission requiring a gas company to extend its main pipes is repugnant to the due process clause of the Fourteenth Amendment, the court will not substitute its own judgment for the determination of the Commission as to what extensions are reasonable, but it will consider the advantages to result to the public, the investment required for the necessary additions, the cost of furnishing gas to the added territory and the effect of the new service on the company's income as a whole, and decide whether the power to regulate was so used as to exceed the exercise of reasonable judgment and amount to an infringement of the right of ownership. P. 269 U. S. 248.

3. Upon the facts in this case, it reasonably may be held that the location, present development, and prospects of growth of the communities ordered to be served justify the extension to them of gas service if a nonconfiscatory rate can be obtained. P. 269 U. S. 248.

4. The reasonableness and validity of an order requiring a gas company to extend its service are not dependent upon whether the maximum price which the company is permitted by statute to charge for its gas is or is not compensatory where the order does not deal with rates, and no reason appears why the company may not protect itself against inadequate rates by appropriate proceedings in that regard. P. 269 U. S. 249.

203 App.Div. (N.Y.) 369, 236 N.Y. 530, affirmed.

Error to a judgment of the Supreme Court of New York, Appellate Division, after affirmance by the Court of Appeals, confirming an order of the Public Service Commission directing the Gas Company to extend its mains to furnish gas to designated communities.

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