Silkman v. Board of Water Commissioners
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 3, 1893, which affirmed a judgment.in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered August 3, 1893, which affirmed a judgment.in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The water rents authorized hy the act of the legislature under which defendant acted, and which were adopted and imposed by the defendant, were taxes, and could not be established without giving those assessed a reasonable opportunity to…
1Opinion of the CourtMartin, J.
The defendant is a corporation organized by and in pursuance of chapter 36 of the Laws of 1873. The purpose of that act was to provide a supply of water to the city of Yonkers and its residents. The act, after providing for the acquisition of the necessary lands and the construction of a plant for that purpose, authorized the board of water commissioners to establish a scale of rents to be charged to persons using the water, or to property where such water was used, to be apportioned to the different lots or parcels of land in front of or near which water pipes were laid, having reference to…
2Cases cited6 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Lamden v. SharpTennessee Supreme Court · 1847
- Remsen v. . WheelerNew York Court of Appeals · 1887
- Matter of Trustees of Union CollegeNew York Court of Appeals · 1891
- Treadwell v. Van SchaickNew York Supreme Court · 1859
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3Cited by57 opinions
- Watergate II Apartments v. Buffalo Sewer AuthorityNew York Court of Appeals · 1978
- Robertson v. ZimmermannNew York Court of Appeals · 1935
- United Fuel Gas Co. v. Public Service CommissionWest Virginia Supreme Court · 1914
- Hamilton's AppealSupreme Court of Pennsylvania · 1940
- Barnes Laundry Co. v. PittsburghSupreme Court of Pennsylvania · 1920
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