In Re the Board of Water Supply Ex Rel. City of New York
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 20, 1913, which modified and affirmed as modified an order of Special Term refusing to confirm an award made to claimants by a commission appointed in proceedings to appraise and determine what, if any, damages certain claimants should be paid by reason of the board of water supply of the city of New York acquiring certain real property under…
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 20, 1913, which modified and affirmed as modified an order of Special Term refusing to confirm an award made to claimants by a commission appointed in proceedings to appraise and determine what, if any, damages certain claimants should be paid by reason of the board of water supply of the city of New York acquiring certain real property under chapter 724 of the Laws of 1905 and the acts amendatory thereof. On August 5, 1907, the appellants filed a claim with…
1Opinion of the CourtChase, J.
The appellants’ claim for damages is wholly dependent upon statutory provision. A reference to the statute under which the claim is filed, and of the statutes passed contemporaneously with it, is necessary to ascertain the extent to which the legislature intended to authorize the recovery of damages in cases where no such right existed at common law.
The state water supply commission was organized pursuant to chapter 723 of the Laws of 1905. That act provides that a municipal corporation shall not have power to acquire, take or condemn lands for any new or additional sources of water supply…
2Cases cited4 opinions
- People Ex Rel. Burhans v. City of New YorkNew York Court of Appeals · 1910
- Allen v. CommonwealthMassachusetts Supreme Judicial Court · 1905
- Earle v. CommonwealthMassachusetts Supreme Judicial Court · 1902
- Sawyer v. CommonwealthMassachusetts Supreme Judicial Court · 1904
3Cited by25 opinions
- Mitchell v. United StatesSupreme Court of the United States · 1925
- Sullivan v. Associated Billposters & Distributors of United States & CanadaCourt of Appeals for the Second Circuit · 1925
- Record v. Vermont Highway BoardSupreme Court of Vermont · 1959
- Morrison v. Cottonwood Development Co.Wyoming Supreme Court · 1928
- Bishop v. East Ohio Gas Co.Ohio Court of Appeals · 1943
20 more not listed; retrieve them via the Exa API.