McEntee v. . Kingston Water Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 21.1897, affirming a judgment vacating an injunction pendente lite and dismissing the complaint on the merits, entered upon a decision of the court at a Trial Term without a jury. This action was brought to restrain the defendant from cutting off the water supplied by it from premises occupied by the plaintiff.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 21.1897, affirming a judgment vacating an injunction pendente lite and dismissing the complaint on the merits, entered upon a decision of the court at a Trial Term without a jury. This action was brought to restrain the defendant from cutting off the water supplied by it from premises occupied by the plaintiff. The facts, so far as material, are stated in the opinion. In the absence of legislative action regulating defendant’s water rates, and of any express contract between…
1Opinion of the CourtBartlett, J.
The main question presented on this appeal is whether the defendant, having failed to furnish the plaintiff a sufficient supply of water, and the plaintiff, for that reason, refusing to pay a hill rendered, it is competent for the defendant under its rules and regulations to shut off the water from plaintiff’s house.
The trial judge and the Appellate Division (without opinion) have sustained the defendant in the exercise of this alleged right.
The controlling facts are practically undisputed and the appeal presents questions of law.
The trial court found that the defendant was incorporated under…
2Cases cited5 opinions
- Stuart v. LairdSupreme Court of the United States · 1803
- New York & New Haven Railroad v. SchuylerNew York Court of Appeals · 1865
- Brass v. . RathboneNew York Court of Appeals · 1897
- Brush Electric Illuminating Co. v. Consolidated Telegraph & Electrical Subway Co.New York Supreme Court · 1891
- Brass v. RathboneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by38 opinions
- Barry v. Commonwealth Edison Co.Illinois Supreme Court · 1940
- Robbins v. Bangor Railway & Electric Co.Supreme Judicial Court of Maine · 1905
- Dodd v. City of AtlantaSupreme Court of Georgia · 1922
- Poole v. Paris Mountain Water Co.Supreme Court of South Carolina · 1908
- Schultz v. Town of LakeportCalifornia Supreme Court · 1936
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