Legal Opinion

In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.

New York Court of Appeals

Decided June 20, 1876PublishedCited by 42 opinions

There were two appeals in tliis matter. The one from an order of the General Term of the Supreme Court in the fourth judicial department affirming an order of Special Term appointing commissioners on the petition of the Board of "Water Commissioners of the city of Rochester to appraise the damages of the Rochester Water Company. The other, an appeal from an order of said General Term affirming an order of Special Term conforming the report of commissioners so appointed.

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There were two appeals in tliis matter. The one from an order of the General Term of the Supreme Court in the fourth judicial department affirming an order of Special Term appointing commissioners on the petition of the Board of "Water Commissioners of the city of Rochester to appraise the damages of the Rochester Water Company. The other, an appeal from an order of said General Term affirming an order of Special Term conforming the report of commissioners so appointed. It appeared that the Rochester Water-works Company was incorporated in 1852, with authority to purchase and hold real estate…

1Opinion of the CourtAllen, J.

There are two appeals by the Rochester Water Company in these proceedings; the one from an order appointing commissioners of appraisal, the other from an order confirming the appraisal by the commissioners of damages for lands taken by authority of law for a public use. The statutes under which the proceedings were taken did not authorize the taking from the appellant any special corporate rights, privileges or franchises or any property or other thing essential to the exercise and enjoyment of the corporate powers and rights conferred by its charter. The power of the legislature of the State…

2Cases cited2 opinions

  1. The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
  2. Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873

3Cited by42 opinions

  1. Ziegler v. . ChapinNew York Court of Appeals · 1891
  2. Matter of City of BrooklynNew York Court of Appeals · 1895
  3. Matter of City of BrooklynNew York Court of Appeals · 1894
  4. Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
  5. St. Paul Union Depot Co. v. City of St. PaulSupreme Court of Minnesota · 1883

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