NEWTON v. KINGS COUNTY LIGHTING CO

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United States Supreme Court

NEWTON v. KINGS COUNTY LIGHTING CO, (1922)

No. 295

Argued:     Decided: March 6, 1922

Messrs. Wilbur W. Chambers, of Albany, N. Y., and Charles E. Buchner, of New York City, for appellants.

Mr. Samuel F. Moran, of New York City, for appellee.

Mr. Justice McREYNOLDS delivered the opinion of the Court. [258 U.S. 180, 181]   The original bill filed in May, 1920, alleges that the actual cost to appellee of manufacturing and distributing gas during 1919 and the first three months of 1920 had exceeded 80 cents per 1,000 cubic feet; that such cost would not be less than $1 for an indefinite period thereafter; and that the statutory rate was confiscatory.

The matter was referred to a master, who took proof and made a report which supported appellee's claim. With some unimportant modifications, this was confirmed by the court. An appropriate decree followed which we are asked to reverse for sundry specified reasons commented upon orally and in the brief.

We are satisfied that the court below reached a correct conclusion, and that none of the points relied upon for reversal are adequate to justify such action. So far as substantial, all were adequately disposed of by the opinion of the trial court, and we need not comment further upon them.

The judgment below is affirmed.

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