Newton v. New York & Queens Gas Co., 258 U.S. 178 (1922)

U.S. Supreme Court

Newton v. New York & Queens Gas Co., 258 U.S. 178 (1922) Newton v. New York & Queens Gas Company

No. 296

Argued January 6, 1922

Decided March 6, 1922

258 U.S. 178

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Approving the conclusion of the master and the district court that a gas rate fixed under Laws New York, 1906, c. 125, had become confiscatory.

269 F. 277 affirmed.

Appeal from a decree enjoining enforcement of a statutory gas rate as confiscatory. See also the cases ante, 258 U. S. 165, and post, 258 U. S. 180.

Page 258 U. S. 179

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

This appeal brings up for review a final decree entered November 19, 1920, which adjudged that, insofar as c. 125, Laws of New York for 1906, prohibited appellee from charging and receiving more than $1.00 per thousand cubic feet for gas delivered and sold in the Third Ward, Borough of Queens, New York City, it was and had been confiscatory since January 1, 1919. New York & Queens Gas Co. v. Newton, 269 F. 277.

After taking a great mass of evidence, the master reported that the actual cost to appellee of manufacturing and distributing gas exceeded $1.00 per thousand cubic feet, and that the challenged act was confiscatory. With this conclusion the trial court agreed, and entered an appropriate decree. We find no sufficient ground for disapproving the action so taken, and it is accordingly

Affirmed.