Legal Opinion

City of New York v. Citizens Water Supply Co.

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

Decided December 16, 1921Published

Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of September, 1921, upon the dismissal of the complaint on a motion for judgment on the pleadings, and also from the order, entered in said clerk’s office on the 9th day of September, 1921, granting defendant’s motion for judgment on the pleadings, and also from an order, entered in said…

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Appeal by the plaintiff, The City of New York, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 20th day of September, 1921, upon the dismissal of the complaint on a motion for judgment on the pleadings, and also from the order, entered in said clerk’s office on the 9th day of September, 1921, granting defendant’s motion for judgment on the pleadings, and also from an order, entered in said clerk’s office on the same day, denying plaintiff’s motion for an injunction pendente lite.

1Dissent

Putnam, J. (dissenting):

The revision of the city charter by Laws of 1901, chapter 466, amended section 472, the part here material being: “ The commissioner of water supply, gas and electricity is hereby authorized to examine into the sources of water supply of any private companies supplying The City of New York or any portion thereof or its' inhabitants with water, to see that the same is wholesome and the supply is adequate, and to establish such rules and regulations in respect thereof as are reasonable and necessary for the convenience of the public and the citizens; and the said…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Turner v. Revere Water Co.Massachusetts Supreme Judicial Court · 1898
  2. McEntee v. . Kingston Water Co.New York Court of Appeals · 1900
  3. Farmers' Loan & Trust Co. v. GalesburgSupreme Court of the United States · 1890
  4. Wainwright v. Queens County Water Co.New York Supreme Court · 1894
  5. Owensboro v. Owensboro Waterworks Co.Supreme Court of the United States · 1903

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