Whitmore v. New York Inter-Urban Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Inter-Urban Water Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 6th day of May, 1913, overruling its demurrer to the complaint.
1Opinion of the Court
Thomas, J.:
In 1898 the defendant and the city of Mount Vernon made an agreement whereby franchises in the street were accorded to the former, who agreed to furnish water for the streets an’d for the use of the inhabitants at stated rates for the period of ten years, and, while the contract has expired, the defendant continues to furnish water on the same terms and proposes to do so until the expiration of the present year, when it threatens to sever the connections to the plaintiff and some 5,000 customers, unless they severally sign an agreement to pay the existing rate increased…
2Cases cited3 opinions
- Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1897
- Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
- City of Madison v. Madison Gas & Electric Co.Wisconsin Supreme Court · 1906
3Cited by8 opinions
- Foltz, Van Camp Hdw., Etc. v. City of Indpls.Indiana Supreme Court · 1955
- Gart v. ColeDistrict Court, S.D. New York · 1958
- Washington Water & Electric Co. v. Pope Manufacturing Co.Supreme Court of Georgia · 1932
- Kovarsky v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1938
- Town of Mamaroneck v. New York Interurban Water Co.New York Supreme Court · 1925
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