Village of Pelham Manor v. New Rochelle Water Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 13, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint on trial at Special Term. This action was brought to restrain defendant, a corporation organized for the purpose of supplying plaintiff with water, from laying its water mains in the Boston Post road within plaintiff’s municipal limits. The facts, so far as material, are stated in the opinion. The statute only authorized a water company to lay…
1Opinion of the CourtO’Brien, J.
The equitable relief ' which the plaintiff sought to obtain in this action was to restrain the defendant from the use of one of the highways within the corporate limits of the plaintiff and known as the Boston Turnpike road. This highway was under the exclusive care and control of the plaintiff’s board of trustees. The defendant is a corporation organized under chapter 737 of the Laws of 1873, for the purpose of supplying the village of New Rochelle with water, and it novr exists under the act of its creation, which subsequently became incorporated into and a part of the general statute on…
2Cases cited1 opinion
- Cameron v. New York & Mount Vernon Water Co.New York Court of Appeals · 1892
3Cited by11 opinions
- City of Albany v. StateNew York Court of Appeals · 1971
- Rochester & Lake Ontario Water Co. v. City of RochesterNew York Court of Appeals · 1903
- Richards v. Citizens' Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1910
- City of New Rochelle v. BurkeNew York Court of Appeals · 1942
- City of Rochester v. Rochester & Lake Ontario Water Co.New York Court of Appeals · 1907
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