New York Ex Rel. New York & Queens Gas Co. v. McCall

Citations

• 245 U.S. 345
• 38 S. Ct. 122
• 62 L. Ed. 337
• 1917 U.S. LEXIS 1747

Syllabus

<p>An order of a state public service commission requiring a city gas company to extend its mains and service pipes to meet the reasonable needs of a growing community within the city can not be deemed arbitrary or capricious, and so contrary to the due process clause of the Fourteenth Amendment, where it appears that the company was accorded full hearing before the commission and on review in the state courts, that it is the only one authorized to serve the community in question with gas, and that the rate of return upon the cost of the extension, though low initially — from cl\\i% to 4% per annum — , will probably soon become ample with the growth of the community; and where, moreover, the record does not show, and the company does not claim, that the comparatively small loss asserted would render its .business as a whole unprofitable.</p>