Legal Opinion

Rochester & L. O. Water Co. v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided May 26, 1903PublishedCited by 1 opinion

Appeal from Special Term, Monroe Comity. _ Suit by the Rochester & Lake Ontario Water Company against the city of Rochester. From a judgment granting a perpetual injunction restraining defendant from interfering with the plaintiff in laying its water mains, defendant appeals.

1Opinion of the CourtSpring, J.

The plaintiff is a water company incorporated pursuant to the transportation corporations law (Laws 1890, p. 1136, c. 566) for the purpose of furnishing water to the villages of Brighton and Fairport and three towns. The water is to be taken from Lake Ontario west of the mouth of the Genesee river, and the towns are between the lake and the city, while the latter is between the towns and the villages. The preliminary permit prescribed by section 80 of the law mentioned has been granted by the municipal authorities of these villages. None has been obtained from the city of Rochester. The route…

2Cases cited10 opinions

  1. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  2. People v. . O'BrienNew York Court of Appeals · 1888
  3. Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
  4. People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
  5. Ghee v. . Northern Union Gas Co.New York Court of Appeals · 1899

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3Cited by1 opinion

  1. In re Hargadine-McKittrick Dry Goods Co.District Court, E.D. Missouri · 1917

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