Village of Waverly v. Waverly Water Works Co.

This is a proceeding by the village of Waverly to acquire the plant and franchises of the defendant by condemnation. The proceeding was commenced in the year 1906, and the numerous questions raised by the defendant’s preliminary objections as to the sufficiency of the petition and the regularity of the proceedings have been authoritatively decided. Village of Waverly v. Waverly Water Works Co., 117 App. Div. 336; affd., 189 N. Y. 555; 127 App. Div. 440; affd., 194 N. Y. 545.

Upon the first appeal it was determined that it was not necessary to procure the consent of the 'State Water Supply…