City of Rochester v. Rochester & Lake Ontario Water Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 21, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The city of Rochester has no monopoly entitling it alone to supply water.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 21, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The city of Rochester has no monopoly entitling it alone to supply water. (C. R. B. Co. v. W. B. Co., 11 Pet. 420 ; C. B. Co. v. B. B. Co., 27 N. Y. 87; P. R. R. Co. v. Canal Comrs., 21 Penn. St. 22; R. R. Co. v. L. R. R. co., 13 How. Pr. 71 ; S. W. Co. v. City of Syracuse, 116…
1Opinion of the Court
Cullen, Ch. J.
This action is brought by the city of Rochester to restrain the defendant water company from furnishing, distributing or selling water within the limits of the city of Rochester, especially to the defendant railroad company. The water company was incorporated on the 30th day of December, 1902, under the Transportation Corporations Daw (Ch. 566, Laws 1890, amended ch. 617, Laws 1892) for the purpose of supplying water to the villages of Brighton and Bair port and the towns of Greece, Gates and Brighton in the county of Monroe, and with its certificate of incorporation were filed…
2Cases cited3 opinions
- Mayor, Etc., of N.Y. v. . StarinNew York Court of Appeals · 1887
- Rochester & Lake Ontario Water Co. v. City of RochesterNew York Court of Appeals · 1903
- Village of Pelham Manor v. New Rochelle Water Co.New York Court of Appeals · 1894
3Cited by2 opinions
- Richards v. Citizens' Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Buckley v. Spring Valley Water Works & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1918