City of Rochester v. . Town of Rush
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial, department, in favor of plaintiff, rendered upon a case submitted under.section 1279 of the Code of Civil Procedure.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial, department, in favor of plaintiff, rendered upon a case submitted under.section 1279 of the Code of Civil Procedure. (Reported below, 15 Hun, 239.) The facts stated in the case were, in substance, as follows : Certain commissioners, appointed under the act, chapter 387, Laws of 1872 and the acts amendatory thereof, constructed a system of water-works for the plaintiff, which was paid for by the proceeds of bonds issued in pursuance of said acts. As a ° part of said works they purchased lands in the town of…
1Opinion of the Court
Banforth,
J. The property assessed forms part of a system of water-works, imposed upon the city of Rochester by direct legislative enactment. (Laws of 1872, chap. 387; Laws of 1875, chap. 563.) It ivas constructed under the direction of a board of commissioners, who derived their authority exclusively from the Legislature, and whose duty it was to ascertain the best aud most expedient plan for supplying that- city “with a sufficient quantity of pure and wholesome water, for the use of its inhabitants, and the extinguishment of fires;” and that having been ascertained, they were to proceed and…
2Cases cited9 opinions
- United States v. Railroad Co.Supreme Court of the United States · 1873
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
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3Cited by41 opinions
- Van Brocklin v. TennesseeSupreme Court of the United States · 1886
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- People Ex Rel. Mayor of New York v. Board of AssessorsNew York Court of Appeals · 1888
- State v. Snohomish CountyWashington Supreme Court · 1912
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
36 more not listed; retrieve them via the Exa API.