SISTERS OF ST. DOMINIC v. ORANGE & ROCKLAND POWER CO.


79 A.D.2d 1021 (1981)

Sisters of St. Dominic et al., Respondents, v. Orange and Rockland Power Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 26, 1981


Judgment reversed, on the law, without costs or disbursements, and new trial granted.

The portion of the charge with respect to the standard of liability applicable to the defendant was erroneous. Once accepted by the Public Service Commission, a tariff schedule, including a limitation on liability provision, "takes on the force and effect of law and governs every aspect of the utility's rates and practices; neither party may depart from the measure of compensation...

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