Delaware, Lackawanna & Western Railroad v. City of Buffalo
New York Supreme Court
Application by the Delaware, Lackawanna & Western Railroad Company against the City of Buffalo for a temporary injunction. Injunction continued.
1Opinion of the CourtPound, J.
The facts material to this application aie not in dispute. The questions presented are of law only.
The city of Buffalo has and exercises the power “to construct, maintain, and regulate waterworks to supply the city and its inhabitants with water.” Laws 1870, p. 1161, c. 519. Since November 16, 1885, the city has furnished the plaintiff with water from its city mains at a point within the city limits, and the plaintiff has taken the same through its pipes to a storage reservoir in the village of Sloan, across the city line, and used it for general railroad purposes, including the supplying of…
2Cases cited3 opinions
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- Simson v. . ParkerNew York Court of Appeals · 1907
- City of Lawrence v. Inhabitants of MethuenMassachusetts Supreme Judicial Court · 1896
3Cited by4 opinions
- Bond Street & Weatherbest Slip Boathouse Owners v. City of North TonawandaAppellate Division of the Supreme Court of the State of New York · 1978
- Western New York Water Co. v. City of BuffaloNew York Supreme Court · 1925
- Delaware, L. & W. R. Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1909
- Headsup Penny, Inc. v. City of NewburghDistrict Court, S.D. New York · 2022