Legal Opinion

Rochester & Lake Ontario Water Co. v. City of Rochester

New York Court of Appeals

Decided October 6, 1903PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27,1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s charter does not permit it to do any business in the city of Rochester.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27,1903, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s charter does not permit it to do any business in the city of Rochester. (Jemison v. C. S. Bank, 122 N. Y. 135; People ex rel. v. Campbell, 144 N. Y. 166; Pearce v. M. & I. R. R. Co., 62 N. Y. 441; Leslie v. Lorillard, 110 N. Y. 519; Kent v. Q. M. Co., 78 N. Y. 159;…

1Opinion of the CourtHaight, J.

This action was brought to restrain the city of Rochester, its officers, agents and servants, from interfering with, or preventing the plaintiff from, laying its water pipes or mains across certain streets of the city.

The plaintiff is a domestic corporation organized under the Transportation Corporations Law, chapter 566, Laws of 1890, as amended by chapter 617, Laws of 1892, for the purpose of supplying water to the villages of Brighton and Fairport and the towns of Greece, Gates and Brighton, in the county of Monroe. The trustees of the villages and the officers of the towns have, under due…

2Cases cited3 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  3. Village of Pelham Manor v. New Rochelle Water Co.New York Court of Appeals · 1894

3Cited by14 opinions

  1. Holmes Electric Protective Co. v. . WilliamsNew York Court of Appeals · 1920
  2. In re the City of New YorkNew York Court of Appeals · 1952
  3. Cooperative Power Ass'n v. AasandSupreme Court of Minnesota · 1980
  4. United States v. 25.4 Acres of Land in Borough of BrooklynDistrict Court, E.D. New York · 1946
  5. St. Mary of the Angels Church v. BarrowsNew York Supreme Court · 1910

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