Legal Opinion

Woodside Water Co. v. Long Island City

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

Decided December 15, 1897PublishedCited by 3 opinions

Appeal by the plaintiff, The Woodside Water Company, from a judgment of the Supreme Court in favor of the defendant entered in the office of the clerk' of the county of Queens on the 16th day of July, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing its complaint.

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Appeal by the plaintiff, The Woodside Water Company, from a judgment of the Supreme Court in favor of the defendant entered in the office of the clerk' of the county of Queens on the 16th day of July, 1897, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing its complaint. This action was brought to recover $46,014.05 as damages alleged to have been sustained by the plaintiff through the failure of the common council of the defendant to insert in the last annual tax levy of the defendant that suin as requisite to the payment for water supplied by…

1Opinion of the Court

Goodrich, P. J.:

The plaintiff is incorporated as a water supply company under the Transportation Corporations Act (2 R. S. [9th ed.] 1340), having its principal place of business at Newtown, Long Island. • The defendant is a municipal corporation under special charter (Chap. 461, Laws of 1871), by which the mayor, city judge, commissioner of public works and two citizens to be appointed by the mayor were appointed water commissioners of the city. The- board of commissioners ivas authorized to supply the city with water, and for this purpose, by proper proceedings, to take real estate, enter…

2Cases cited2 opinions

  1. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  2. McKenna v. . EdmundstoneNew York Court of Appeals · 1883

3Cited by3 opinions

  1. People ex rel. Urban Water Supply Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1914
  2. In re AndrusAppellate Division of the Supreme Court of the State of New York · 1911
  3. Doll v. DeveryNew York Supreme Court · 1899

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