Legal Opinion

Port Jervis Water Works Co. v. Village of Port Jervis

New York Court of Appeals

Decided December 1, 1896PublishedCited by 25 opinions

Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 9, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special" Term. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 9, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special" Term. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the trustees on the plaintiff’s claim, when presented, was an adjudication of a competent tribunal, having jurisdiction to act, and bars the plaintiff from any action. The only remedy available to the plaintiff was one to review the determination made by the…

1Opinion of the CourtHaight, J.

This action was brought to recover compensation for water furnished for a public fountain, watering troughs, sprinkling wagons, the village jail and hose houses.

The plaintiff is a corporation operating a system of water works through the village of Port Jervis. The defendant is a municipal corporation. Prior to the first day of May, 1886, the plaintiff had furnished water to the defendant for the extinguishment of fires and for other purposes under a contract for two thousand dollars per year. A controversy then arose between the company and the village trustees as to the amount that should…

2Cases cited3 opinions

  1. Reilly v. . City of AlbanyNew York Court of Appeals · 1889
  2. Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
  3. Nelson v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892

3Cited by25 opinions

  1. Evans v. City of JohnstownNew York Supreme Court · 1978
  2. City of New York v. DavisCourt of Appeals for the Second Circuit · 1925
  3. People Ex Rel. City of New York v. Queens County Water Co.New York Court of Appeals · 1922
  4. City of Little Falls v. StateAppellate Division of the Supreme Court of the State of New York · 1921
  5. People ex rel. Martin, Bing & Co. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1901

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