Village of Waverly v. Waverly Water Co.
Appellate Division of the Supreme Court of the State of New York
' Appeal hy the plaintiff, The Village of Waverly, from a judgment of the- Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Tioga on the 2d day of July, 1906, pursuant to an order entered in,said clerk’s office on the 11th day-of June, 1906,, denying the plaintiff’s application for a judgment condemning the water system belonging to the defendant, the Waverly Water Company, and dismissing the proceeding, and also from the said…
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' Appeal hy the plaintiff, The Village of Waverly, from a judgment of the- Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Tioga on the 2d day of July, 1906, pursuant to an order entered in,said clerk’s office on the 11th day-of June, 1906,, denying the plaintiff’s application for a judgment condemning the water system belonging to the defendant, the Waverly Water Company, and dismissing the proceeding, and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
Cochrane, J.:
The Waverly Water Company is the owner of a fully equipped and established plant whereby for a long time it has supplied the village of Waverly with water for domestic purposes and for the ordinary purposes of such a village,municipality. Such plant consists of the appropriate franchises, lands, dams, easements, pipes, mains, reservoirs, hydrants and other property essential and pertinent to a water supply established and maintained for the purpose of supplying the needs and requirements of the village of Waverly.
By this proceeding the village seeks to condemn and take over said…
2Cited by3 opinions
- Great Neck Water Authority v. Citizens Water Supply Co.New York Court of Appeals · 1962
- Talcott v. Beauty Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Village of Waverly v. Waverly Water Works Co.New York Supreme Court · 1910