Legal Opinion · Dissent

Beauty Spring Water Co. v. Village of Lyons Falls

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

Decided March 13, 1912Published

Appeal by the plaintiff, The Beauty Spring Water Company of Lyons Falls, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Lewis on the 10th day of June, 1911, upon the decision of the court rendered after a trial at the Lewis Special Term. The action was commenced on the 29th day of June, 1910, to restrain the defendant from enforcing certain taxes against the property of the plaintiff.

1Dissent

McLennan, P. J. (dissenting):

The Beauty Spring Water Company was duly incorporated under the laws of the State of New York as a private water corporation. Its charter was duly filed June 23,1896, and the purpose of the company, as set forth in its charter, is “to supply water to the inhabitants of the town of West Turin, Lewis county, New York.” The proper consent of the town authorities of West Turin had previously been obtained. The company was incorporated as provided in the Transporta*420tion Corporations Law (Gen. Laws, chap. 40 [Laws of 1890, chap. 566], § 80 et seq., as amd.), and by…

2Cases cited2 opinions

  1. Skaneateles Water Works Co. v. Village of SkaneatelesNew York Court of Appeals · 1899
  2. People Ex Rel. Mills Water-Works Co. v. ForrestNew York Court of Appeals · 1884

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