Bd. Water Com'rs of Clinton v. . Dwight
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 21, 1885, which reversed an order of Special Term, denying an application for the appointment of commissioners in proceedings under the act of 1875 (Chap. 181, Laws of 1875) to appraise the damages by reason of the taking of water from Miller creek to supply the village of Clinton.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made April 21, 1885, which reversed an order of Special Term, denying an application for the appointment of commissioners in proceedings under the act of 1875 (Chap. 181, Laws of 1875) to appraise the damages by reason of the taking of water from Miller creek to supply the village of Clinton. The General Term order authorized application to be made to the Special Term for the appointment of commissioners. The material facts are stated in the opinion. Chapter 17 of the Laws of 1885 is…
1Opinion of the CourtDahfobth, J.
The proceeding was instituted by the board of water commissioners of the village of Clinton, for the purpose of acquiring water from Miller brook for the use and supply of that village. To that end, under section 6 of the act of 1875, entitled “ An act to authorize the villages of the State of Hew York to furnish pure and wholesome water to the inhabitants thereof ” (Chap. 181), they presented a petition to the Supreme Court, asking that commissioners be appointed to determine the damages sustained by its owners by reason “ of the taking and use of said water.” The application was opposed by…
2Cases cited2 opinions
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
3Cited by5 opinions
- Cole v. . the State of New YorkNew York Court of Appeals · 1886
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- In re Report of Commissioners of ElizabethSupreme Court of New Jersey · 1887
- People ex rel. Lardner v. CarsonNew York Circuit Court · 1894
- People ex rel. Second Avenue Railroad v. ColemanNew York Supreme Court · 1889