Canavan v. . City of Mechanicville
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 19, 1920, which reversed an order of Special Term overruling a demurrer to the second .cause of action set forth in the complaint and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the third judicial department, entered February 19, 1920, which reversed an order of Special Term overruling a demurrer to the second .cause of action set forth in the complaint and sustained such demurrer. The following question was certified; “Do the allegations set forth in that portion of the plaintiff’s complaint designated as a separate and second cause of action state facts sufficient to constitute a cause of action? ” The nature of the action and the facts, so far as material, are stated in the…
1Opinion of the CourtCollin, J.
The facts constituting the alleged second cause of action, in effect, are: The defendant, a municipal corporation, authorized by its charter, provided, •maintained and controlled sources of water supply to furnish necessary water for drinking and domestic usés to the inhabitants of the defendant and means for conducting water from the sources through the streets and to the dwelling houses and other places where it was delivered and sold and consumed by the inhabitants of the defendant; the defendant furnished and supplied, for a compensation, water for drinking and domestic uses to the…
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