Brooklyn Union Gas Co. v. Cashmore

New York Court of Appeals

Brooklyn Union Gas Co. v. Cashmore

148 N.E.2d 322, 4 N.Y.2d 727, 171 N.Y.S.2d 115, 1958 N.Y. LEXIS 1244

CourtNew York Court of Appeals

DecidedJanuary 24, 1958

StatusPublished

Cited by1 cases

This text of 148 N.E.2d 322 (Brooklyn Union Gas Co. v. Cashmore) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brooklyn Union Gas Co. v. Cashmore, 148 N.E.2d 322, 4 N.Y.2d 727, 171 N.Y.S.2d 115, 1958 N.Y. LEXIS 1244 (N.Y. 1958).

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Opinions

Per Curiam.

Whether the gas regulator involved is embraced within the terms of petitioner’s franchise, under petitioner’s contention that it is similar in function and scope to other devices heretofore treated as part of its distribution system, should not be decided upon the conflicting affidavits of the experts of the respective parties as to its nature and functions, and ■ the manner, necessity and feasibility of its proposed installation in the public streets, which on this record are questions of fact (Union Ry. Co. v. City of New York, 238 N. Y. 289, 297 et seq.). We do not regard Matter of Brooklyn Edison Co. v. Davidson (269 N. Y. 48) as necessarily decisive. An alternative order should issue under section 1295 of the Civil Practice Act (Matter of Westchester Elec. R. R. Co. v. City of Mt. Vernon, 237 N. Y. 199).

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Per Curiam.

Whether the gas regulator involved is embraced within the terms of petitioner’s franchise, under petitioner’s contention that it is similar in function and scope to other devices heretofore treated as part of its distribution system, should not be decided upon the conflicting affidavits of the experts of the respective parties as to its nature and functions, and ■ the manner, necessity and feasibility of its proposed installation in the public streets, which on this record are questions of fact (Union Ry. Co. v. City of New York, 238 N. Y. 289, 297 et seq.). We do not regard Matter of Brooklyn Edison Co. v. Davidson (269 N. Y. 48) as necessarily decisive. An alternative order should issue under section 1295 of the Civil Practice Act (Matter of Westchester Elec. R. R. Co. v. City of Mt. Vernon, 237 N. Y. 199).

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Bluebook (online)

148 N.E.2d 322, 4 N.Y.2d 727, 171 N.Y.S.2d 115, 1958 N.Y. LEXIS 1244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooklyn-union-gas-co-v-cashmore-ny-1958.

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