Silkman v. Board of Water Commissioners of Yonkers
New York Supreme Court
Appeal from special term, Westchester county. Action by Theodore H. Silkman to enjoin the board of water commissioners of the city of Yonkers from cutting off the supply of water furnished by defendant to plaintiff’s premises, for failure of plaintiff to pay a water rent, and to recover certain amounts paid by plaintiff. Judgment for defendant. Plaintiff appeals.
1Opinion of the CourtBarnard, P. J.
The water rates are not taxes. The act under which the defendant was incorporated (chapter 36, Laws 1873) directs the commissioners to establish a scale of rents payable in advance or upon a stated term of credit, to be called “water rents.” The hoard was authorized to cut off the supply of water if these rents were not paid. There is no basis for terming these water rents a “tax.” Provident Inst, for Saving v. Jersey City, 113 U. S. 506, 5 Sup. Ct. Rep. 612; Treadwell v. Van Schaick, 30 Barb. 444. The commissioners did fix the rates, and it was supplied and paid for, but under a protest on…
2Cases cited2 opinions
- Provident Institution for Savings v. Mayor of Jersey CitySupreme Court of the United States · 1885
- Treadwell v. Van SchaickNew York Supreme Court · 1859