Legal Opinion

Warsaw Water Works Co. v. Village of Warsaw

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

Decided July 1, 1897PublishedCited by 3 opinions

Appeal by the plaintiff, the Warsaw Water Works Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Wyoming on the 3d day of September, 1896, upon the decision of the court rendered after a trial at the Wyoming Trial Term before the court without a The trial judge found, as conclusion of law: “That at the time the defendants constructed its system of water-works in the village of Warsaw, and at the…

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Appeal by the plaintiff, the Warsaw Water Works Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Wyoming on the 3d day of September, 1896, upon the decision of the court rendered after a trial at the Wyoming Trial Term before the court without a The trial judge found, as conclusion of law: “That at the time the defendants constructed its system of water-works in the village of Warsaw, and at the time of the commencement of this action, they were entitled to establish and maintain a system of water works in and for…

1Opinion of the Court

Hardin, P. J.:

In chapter 394 of the Laws of 1869, incorporating ..the plaintiff, no exclusive privilege is, in terms, conferred upon the corporation there created to supply the village or its citizens with water. (Power v. The Village of Athens, 99 N. Y. 592; Syracuse Water Company v. City of Syracuse, 116 id. 167; Matter of Brooklyn, etc., 343 id. 596 ; Lehigh Water Co. v. Easton, 121 U. S. 388; Colby University v. The Village of Canandaigua & Others, 69 Fed. Rep. 671; New Orleans Gas Co. v. Louisiana Light Co., 115 H. S. 650; Louisville Gas Co. v. Citizens’ Gas Co., Id. 683.)

Article 8 of…

2Cases cited4 opinions

  1. Lehigh Water Co. v. EastonSupreme Court of the United States · 1887
  2. Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
  3. Power v. . Village of AthensNew York Court of Appeals · 1885
  4. Fisher v. FilonNew York Supreme Court · 1895

3Cited by3 opinions

  1. In re Board of Water CommissionersAppellate Division of the Supreme Court of the State of New York · 1902
  2. President of Colby University v. Village of CanandaiguaU.S. Circuit Court for the District of Northern New York · 1899
  3. Skaneateles Waterworks Co. v. Village of SkaneatelesAppellate Division of the Supreme Court of the State of New York · 1898

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