Village of Champlain v. . McCrea
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered ■December 9, 1898, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in proceedings instituted for the condemnation of certain water rights, and dismissing such proceedings. 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 Appellate Division of the Supreme Court in the third judicial department, entered ■December 9, 1898, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in proceedings instituted for the condemnation of certain water rights, and dismissing such proceedings. The nature of the action and the facts, so far as material, are stated in the opinion. The village was at all times moving under the act of 1875 in inaugurating its water system. The act of 1875 was not repealed until several months after…
1Opinion of the CourtBartlett, J.
This is a condemnation proceeding instituted under chapter 23, title 1, sections 3357 to 3884, Code of Civil Procedure, known as the Condemnation Law, wherein the village of Champlain sought to condemn the interest of the defendant Matilda McCrea as a lower riparian owner in water to be diverted by it from the Great Chazy river (which flows through the village in an easterly direction) for the purpose of feeding the mains of a municipal water system to supply the village and its inhabitants with pure and wholesome water. The corporation defendant is interested as a mortgagee.
On the 24th of…
2Cases cited5 opinions
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
- Cameron v. New York & Mount Vernon Water Co.New York Court of Appeals · 1892
- City of Johnstown v. . WadeNew York Court of Appeals · 1898
- Close v. . NoyeNew York Court of Appeals · 1895
3Cited by12 opinions
- In Re the Estate of KillanNew York Court of Appeals · 1902
- Long Acre Electric Light & Power Co. v. Consolidated Telegraph & Electrical Subway Co.New York Court of Appeals · 1907
- Montecito County Water District v. DoultonCalifornia Supreme Court · 1924
- Schurtz v. City of Grand RapidsMichigan Supreme Court · 1919
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
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