Brass v. . Rathbone
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court at a Trial Term dismissing the complaint. This action was commenced in FTovember, 1895. A temporary injunction and an order to show cause why it should not be continued were also obtained.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 4, 1896, which affirmed a judgment in favor of defendants entered upon a decision of the court at a Trial Term dismissing the complaint. This action was commenced in FTovember, 1895. A temporary injunction and an order to show cause why it should not be continued were also obtained. Upon the return of the order a hearing was had at Special Term and the injunction was continued. From that order the defendants appealed to the General Term where it was reversed. The case…
1Opinion of the CourtMartix, J.
The purpose of this action was to obtain a permanent injunction restraining the defendants from shutting off the water upon premises owned by the plaintiffs in the city of Albany. The defendants are the water commissioners, appointed under the provisions of chapter 235 of the Laws of 1850, which was an act to provide for a supply of water in that city. By the statute the defendants were authorized to make such by-laws or regulations for the jn’eservation, protec tion and management of the water works to be constructed by them, and for the use and control of the water, as might be deemed…
2Cases cited3 opinions
- McHenry v. . JewettNew York Court of Appeals · 1882
- Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
- Wormser v. . BrownNew York Court of Appeals · 1896
3Cited by40 opinions
- McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
- Brand v. Water CommissionersMassachusetts Supreme Judicial Court · 1922
- State ex rel. Latshaw v. Board of Water & Light CommissionersSupreme Court of Minnesota · 1908
- Town Board v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1964
- Etheredge v. City of NorfolkSupreme Court of Virginia · 1927
35 more not listed; retrieve them via the Exa API.