In re Citizens' Water Works Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Frederic Dassori and Elisa Dassori from a final order' of the Supreme Court, made at-' the Dutchess1 Special Term and entered in the office of the clerk of the' county of Orange on- the 30th day of March, 1898, confirming the report and appraisal of ■commissioner's appointed in a proceéding in im/oitupi to acquire' title to certain lands, with notice of an intention to bring up for review upon such appeal a judgment of the Supreme Court in favor, of" .the…
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Appeal by Frederic Dassori and Elisa Dassori from a final order' of the Supreme Court, made at-' the Dutchess1 Special Term and entered in the office of the clerk of the' county of Orange on- the 30th day of March, 1898, confirming the report and appraisal of ■commissioner's appointed in a proceéding in im/oitupi to acquire' title to certain lands, with notice of an intention to bring up for review upon such appeal a judgment of the Supreme Court in favor, of" .the petitioner,, entered in the office of the clerk of -the county of Orange on the 23d day of April, 1897, upon the decision of the…
1Opinion of the Court
Hatch, J.:
The water works company instituted this proceeding by petition, and the owners of the land resisted the application upon several *55grounds. The right to take lands against the will of the owner is conferred upon the company by virtue of the provisions of the Transportation Corporations Law (Chap. 566, Laws of 1890). It has long been settled that, in the exercise of this power, every, statutory condition precedent to the taking must be strictly complied with. (Craig v. Town of Andes, 93 N. Y. 405; Matter of Bos., Hoosac Tun. & West. Ry. Co., 79 id. 69.) By section 83 of the…
2Cases cited3 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- Craig v. . Town of AndesNew York Court of Appeals · 1883
- New York & Boston Railroad v. GodwinNew York Supreme Court · 1871
3Cited by6 opinions
- In re Niagara, Lockport & Ontario Power Co.New York Supreme Court · 1925
- Dexter & Northern Railroad v. FosterNew York Supreme Court · 1909
- Old Homestead Water Co. v. TreyzAppellate Division of the Supreme Court of the State of New York · 1922
- In re Riverhead, Quogue & Southampton RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Laying Out & Opening Ludlow StreetAppellate Division of the Supreme Court of the State of New York · 1900
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