Legal Opinion

Skaneateles Water Works Co. v. Village of Skaneateles

New York Court of Appeals

Decided December 5, 1899PublishedCited by 29 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 18, 1898, affirming a judgment entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions.

Read the full summary

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 18, 1898, affirming a judgment entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions. The doctrine which seems to be invoked, that in franchises of this character the grantee gets nothing whatever by implicatian, is not sustained by authority and is contrary to the fact. (3 Kent’s Comm. 458, 459 ; F. P. B. Co. v. Smith, 30 N. Y. 63 ; Matter of City of Brooklyn, 143 N. Y. 596 ;…

1Opinion of the Court

Parker, Ch. J.

The plaintifE, a domestic corporation organized pursuant to the provisions of chap. 737 of the Laws of 1873, and the acts amendatory thereof and supplemental thereto, brought this action for the purpose of obtaining a permanent injunction against the village of Skaneateles, its president, trustees and water commissioners (whom, for convenience, we shall refer to in the course of this opinion as the village), restraining them from constructing and operating in' the village of Skaneateles an independent system of water works, for the purpose of supplying it and its inhabitants…

2Cases cited15 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. People v. . O'BrienNew York Court of Appeals · 1888
  3. Farrington v. TennesseeSupreme Court of the United States · 1878
  4. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  5. New Jersey v. WilsonSupreme Court of the United States · 1812

10 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Bienville Water Supply Co. v. MobileSupreme Court of the United States · 1902
  2. Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
  3. Skaneateles Water Works Co. v. SkaneatelesSupreme Court of the United States · 1902
  4. Barhite v. Home Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
  5. People Ex Rel. American Exchange National Bank v. PurdyNew York Court of Appeals · 1909

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API