Seeley v. City of Amsterdam
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, The City of Amsterdam, from an interlocutory judgment of the Supreme. Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 6th day of April, 1900, upon the decision of the court rendered after a trial at the Saratoga Special Term., sustaining the plaintiff’s demurrer to the second and third defenses in the defendant’s answer. •The complaint alleges that the plaintiff is the owner off a piece of land…
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. Appeal by the defendant, The City of Amsterdam, from an interlocutory judgment of the Supreme. Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 6th day of April, 1900, upon the decision of the court rendered after a trial at the Saratoga Special Term., sustaining the plaintiff’s demurrer to the second and third defenses in the defendant’s answer. •The complaint alleges that the plaintiff is the owner off a piece of land in Providence, Saratoga county, through which flows a private" stream, known as Haan’s creek, to the use of the waters of…
1Opinion of the Court
Edwards, J.:
An analysis of chapter 101 of the Laws of 1881, as amended, shows that the primary purpose of the Legislature was to supply the city of Amsterdam with water, and that the board of water commissioners is the agency created by the Legislature for the accomplishment of that purpose.
The duties of the commissioners, as prescribed by the act, are to examine and consider all matters relating to supplying the city with water; to adopt plans for procuring such supply; to purchase and to acquire- by condemnation proceedings property required for the purpose of the act; to borrow money upon…
2Cases cited4 opinions
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Heiser v. . the Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Bolton v. Village of New RochelleNew York Supreme Court · 1895
- Rider v. . StrykerNew York Court of Appeals · 1875
3Cited by3 opinions
- Roberts v. Sewerage and Water Bd.Supreme Court of Louisiana · 1994
- Scott v. . Village of Saratoga SpringsNew York Court of Appeals · 1910
- Trippe v. Port of New York AuthorityNew York Supreme Court · 1962