Evel v. City of Utica

The opinion of the court was delivered by

Johnston, C. J.:

The question upon which the parties herein divide is whether the proceedings taken by the authorities of Utica, a city of the third class, towards the condemnation of land lying outside of the city for waterworks, are valid.

The city proceeded under the provisions of the third-class-city act, which provides that private property may be taken for public use for railroads, market houses and market places or “for any other necessary purpose.” It prescribes the procedure for condemnation, authorizing the appointment of five disinterested…