City of Syracuse v. Glenside Woolen Mills
New York Supreme Court
Appeal from special term, Onondaga county. Proceedings by the city of Syracuse against the Glenside Woolen Mills, impleaded with others, to condemn certain water rights and water privileges for the purpose of supplying plaintiff with water.
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Appeal from special term, Onondaga county. Proceedings by the city of Syracuse against the Glenside Woolen Mills, impleaded with others, to condemn certain water rights and water privileges for the purpose of supplying plaintiff with water. From an order denying a motion to compel defendant to permit plaintiff’s experts to examine the mill in question, or its contents,, for the purpose of giving evidence of the value of the same before commissioners appointed to assess damages, plaintiff appeals.
1Opinion of the Court
HARDIN P. J
It is stated in the order that the motion was-“denied on the sole ground that the court has no power at common law, or under the statute, (chapter 291, Laws 1889,) to compel the defendant to permit plaintiff’s experts to examine the mill in question,, or its contents, for the purpose above named,” to wit, “to give evidence of the value of the same before commissioners appointed to assess the damages.” The petition was made a part of the moving papers used at the special term. By the petition it appears that Skaneateles lake is situated some 17 miles southwesterly from the city,. *430and…
2Cases cited4 opinions
- Union Pacific Railway Co. v. BotsfordSupreme Court of the United States · 1891
- McQuigan v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1891
- Ansen v. TuskaThe Superior Court of New York City · 1863
- Downey v. MacAleenanCity of New York Municipal Court · 1891