Legal Opinion

Matter of City of Brooklyn

New York Court of Appeals

Decided November 27, 1894PublishedCited by 34 opinions

Appeal from judgment. of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which reversed an order of Special Term setting aside the report of commissioners of appraisal of the franchise and property of the Long Island Water Supply Company, and which confirmed said report.

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Appeal from judgment. of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which reversed an order of Special Term setting aside the report of commissioners of appraisal of the franchise and property of the Long Island Water Supply Company, and which confirmed said report. The Long Island Water Supply Company was incorporated in 1881, for a term of fifty years, under chapter 737 of the Laws of 1873, and the acts amendatory thereof. At the time of incorporation, these acts constituted the general law, which permitted the…

1Opinion of the CourtGray, J.

Upon the facts, as they have been stated, the-legal propositions, which seem to have been urged by the water company and which were passed upon in the court below, in their consideration of the report, as we perceive from the record and the opinions, were, in substance, that the company gained, by incorporation and by its contract with the town of New Lots, certain rights to purvey water to the-town, .which were exclusive and permanent, during the term of the corporate charter, and that the commissioners’ award of compensation should have been based upon a recognition of the inviolable nature…

2Cases cited8 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. Crutcher v. KentuckySupreme Court of the United States · 1891
  3. Milhau v. . SharpNew York Court of Appeals · 1863
  4. Ziegler v. . ChapinNew York Court of Appeals · 1891
  5. Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889

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3Cited by34 opinions

  1. Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
  2. Appleton Water Works Co. v. Railroad CommissionWisconsin Supreme Court · 1913
  3. Skaneateles Water Works Co. v. SkaneatelesSupreme Court of the United States · 1902
  4. Kennebec Water District v. City of WatervilleSupreme Judicial Court of Maine · 1902
  5. City of Tacoma v. Nisqually Power Co.Washington Supreme Court · 1910

29 more not listed; retrieve them via the Exa API.

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