In re Board of Water Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal by the Westchester County Water Works Company, and others, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of' the coimtyof Westchester on the 1st day of September, 1898, confirming the report of commissioners appointed in a proceeding to acquire certain real property, with notice of an .intention to bring up for review upon such appeal a judgment entered in said clerk’s office on the 3d day of…
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Appeal by the Westchester County Water Works Company, and others, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of' the coimtyof Westchester on the 1st day of September, 1898, confirming the report of commissioners appointed in a proceeding to acquire certain real property, with notice of an .intention to bring up for review upon such appeal a judgment entered in said clerk’s office on the 3d day of October, 1896, appointing such commissioners.
1Opinion of the Court
Jenks, J.:
The supplementary report of the commissioners, Messrs. Joseph F. Daly, William Temple Emmet and William H. Wright, clearly and cogently states the basis of their award. They report that they intended to cover and did cover whatever rights to transact future business in White Plains the Westchester Water. Works Company possessed at the beginning of the proceedings, and that they were unanimously of the opinion that the company dfd not possess such a franchise as would entitle it to an award therefor, based upon its annual earnings or its future business prospects, for the reason that…
2Cases cited30 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Long Island Water Supply Co. v. BrooklynSupreme Court of the United States · 1897
- Morgan v. LouisianaSupreme Court of the United States · 1876
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
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3Cited by4 opinions
- United States v. Village of Highland FallsCourt of Appeals for the Second Circuit · 1946
- In re Board of Water SupplyNew York Supreme Court · 1907
- Newburgh Urban Renewal Agency v. WilliamsNew York Supreme Court · 1974
- In re BenselAppellate Division of the Supreme Court of the State of New York · 1911