President of Colby University v. Village of Canandaigua
U.S. Circuit Court for the District of Northern New York
This was a suit in equity by bondholders of a water company to enjoin the village of Canandaigua from constructing municipal waterworks. On final hearing.
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This was a suit in equity by bondholders of a water company to enjoin the village of Canandaigua from constructing municipal waterworks. On final hearing. The complainants are owners of 812,000, face value, of the first mortgage bonds of the Canandaigua Waterworks Company, a domestic corporation, engaged in supplying water, for the last 15 years, to the inhabitanis of the village of Canandaigua, N. Y. Ill the latter part of 1883 the waterworks company pursuant to the provisions of the statutes of the state of New York (chapter 737, Laws 1873) received from the trustees of the village and the…
1Opinion of the CourtCoxe, District Judge
(after stating the facts). It is thought that the decision must turn upon the answer to a single question, namely, has a village corporation, after having granted a franchise to a water company, the right, pursuant to the law of 1875, to construct a water system of its own without taking, by purchase or condemnation, the property of the existing company? Chapter 181 of the Laws of 1875 is a comprehensive enactment to enable "the villages of the state to furnish pure and wholesome water to the inhabitants thereof.” It is not confined to those villages where there is no general water supply. It…
2Cases cited7 opinions
- Walla Walla City v. Walla Walla Water Co.Supreme Court of the United States · 1898
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
- Matter of City of BrooklynNew York Court of Appeals · 1894
- Bienville Water Supply Co. v. City of MobileU.S. Circuit Court for the District of Southern Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Boise City Artesian Hot & Cold Water Co. v. Boise CityCourt of Appeals for the Ninth Circuit · 1903