City of Mount Vernon v. New York Inter Urban Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Mew York Inter Urban Water Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 4tli day of May, 1905, upon the decision of the court, rendered after a trial at, the Westchester Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Jenks, J.:.The defendant is a domestic corporation organized under the 3d section of the Stock Corporation Law and is the successor of the New York Suburban Water Company. In 1898 the last-named corporation and the city of Mount Vernon entered into an agreement which contains these provisions: “ Fifth. * * * The meters rate to private consumers shall be as follows : To premises having but one fixture, not provided with sewer connection, a minimum charge of One Dollar eighty-seven and one-half cents (1.87-£) per quarter, for which Eight hundred and thirty-three (833) cubic feet of water may be…
2Cases cited12 opinions
- Spring Valley Water Works v. SchottlerSupreme Court of the United States · 1884
- New Orleans Water-Works Co. v. RiversSupreme Court of the United States · 1885
- Pond v. . New Rochelle Water Co.New York Court of Appeals · 1906
- Griffin v. Goldsboro Water Co.Supreme Court of North Carolina · 1898
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
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3Cited by11 opinions
- Condon v. New Rochelle Water Co.New York Supreme Court · 1908
- Meara v. Citizens WaterWorks Co.New York Supreme Court · 1919
- Town of Mamaroneck v. New York Interurban Water Co.New York Supreme Court · 1925
- Silberberg v. Citizens Water Supply Co.New York Supreme Court · 1921
- Board of Fire Commissioners v. New York Interurban Water Co.New York Supreme Court · 1920
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