Village of Waverly v. Waverly Water Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Waverly Water Company and others, from an order of the Supreme Court, made at the Cortland Special Term and entered in the' office of the clerk of the county of Tioga on the 9th day of April, 1908, overruling the defendants’ preliminary objections to the sufficiency of the amended petition of the plaintiff.
1Opinion of the Court
Smith, P. J.:
The purpose of this proceeding is to condemn the property of the Waverly Water Company. Under section 221 of the Village Law (Laws of 1897, chap. 414) the board of . trustees of the village submitted to the taxpayers thereof the following question : “ Shall the Village of Waverly by and through its Board of Trustees acquire the existing private system of water works of Waverly Water Company of said Village of Waverly, including its mains, lands, easements, rights and property, at a price not to exceed the sum of one hundred and twenty-five thousand dollars ($125,000) and issue…
2Cited by2 opinions
- Jamestown Urban Renewal Agency v. Dimas, New York County Courts1972
- Village of Waverly v. Waverly Water Works Co.New York Supreme Court · 1910