Legal Opinion

New York Inter-Urban Water Co. v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1918PublishedCited by 2 opinions

Appeal by the defendant, City of Mount Vernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 9th day of January, 1918, upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Jenks, P. J.:

The plaintiff is a water works corporation; the defendant, a municipal corporation. At Trial Term the court without a jury gave full judgment for plaintiff upon a claim for its work and material in relocating certain water mains and hydrants of the plaintiff in certain streets of the defendant. The plaintiff theretofore had located such apparatus for its business of water supply to the defendant and its inhabitants. The relocations were required by changes made by the city in its permanent work in improvement of these streets.

The general rule of law is that the plaintiff took the…

2Cases cited8 opinions

  1. New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
  2. McDonald v. Mayor of New YorkNew York Court of Appeals · 1876
  3. Harlem Gas Co. v. . Mayor, C., of N.Y.New York Court of Appeals · 1865
  4. Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
  5. Matter of Petition of DeeringNew York Court of Appeals · 1883

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3Cited by2 opinions

  1. Pellegrino v. AlmasianAppellate Division of the Supreme Court of the State of New York · 1960
  2. New Rochelle Water Co. v. City of New RochelleNew York Supreme Court · 1962

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