City of Rome v. Whitestown Water Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Whitestown Water Works Company, from a final order of the Supreme Court, made at the Oneida 'Special Term "and entered in the office of-the clerk of. the county of Oneida-on '"the 5 th "da/of.
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Appeal by the defendant, The Whitestown Water Works Company, from a final order of the Supreme Court, made at the Oneida 'Special Term "and entered in the office of-the clerk of. the county of Oneida-on '"the 5 th "da/of. January, 1905, confirming . an award made by commissioners in the above-entitled condemnation proceeding, with notice of an intention to bring tip for review upon such appeal air interlocutory judgment in favor of the plaintiff, entered in said -clerk’s office on the- 13th day of April, 1903, upon the report of a referee. -
1Opinion of the Court
The following is the opinion of the referee :
Herwin, Referee:
The plaintiff in this case, for the purpose of inaugurating its system for obtaining from. Fish creek, under the provisions of chapter 624 of "the Laws of 1899,* an additional supply of water for public, use, seeks to obtain by condemnation certain real estate owned by the defendant company and situated on the east bank of said creek. 'The defendant claims, not only that the plaintiff, has not made out a prima facie case for condemnation, but also, that if the plaintiff has made- out such case* still the defendant, company in its…
2Cases cited9 opinions
- Carroll County v. SmithSupreme Court of the United States · 1884
- People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Matter of Application of Union Ferry Co.New York Court of Appeals · 1885
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3Cited by6 opinions
- O'Tier v. SellAppellate Division of the Supreme Court of the State of New York · 1929
- New York State Guernsey Breeders' Co-operative, Inc. v. NoyesAppellate Division of the Supreme Court of the State of New York · 1940
- Loos v. City of New YorkNew York Supreme Court · 1939
- Old Homestead Water Co. v. TreyzAppellate Division of the Supreme Court of the State of New York · 1922
- People ex rel. Mulholland Co. v. NowakNew York Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.