City of Syracuse v. Benedict
New York Supreme Court
Appeal from special term, Onondaga county. Proceeding by the city of Syracuse against Sidney L. Benedict and others. From an order in favor of plaintiff, defendants Benediet and Martin appeal, specifying in the notice of appeal that they intended to bring up for review the judgment, and all proceedings antecedent, as well as subsequent to, said judgment.
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Appeal from special term, Onondaga county. Proceeding by the city of Syracuse against Sidney L. Benedict and others. From an order in favor of plaintiff, defendants Benediet and Martin appeal, specifying in the notice of appeal that they intended to bring up for review the judgment, and all proceedings antecedent, as well as subsequent to, said judgment. This was a proceeding brought by the plaintiff, in aid of the provisions of chapter 291 of the Laws of 1889, entitled “An act to establish and maintain a water department in and for the city of Syracuse,” as amended by chapter 314 of Laws of…
1Per curiam
1. By section 18 of the act of 1889, as amended by the act of 1890, it is provided as follows:
“The Syracuse water board is hereby authorized, under the restrictions and conditions hereinafter mentioned to take and conduct water not required for the Erie Canal, from Skaneateles Lake, to said city, through a pipe or main not exceeding thirty inches in diameter for the purpose of supplying said city and its inhabitants with water.”
It was held and decided by the special term on the trial of the issues “that the plaintiff is entitled in this proceeding to acquire and condemn the right to lay,…
2Cases cited5 opinions
- Matter of Staten Island Rapid Transit Co.New York Court of Appeals · 1886
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- Van Tine v. CraneNew York Supreme Court · 1828
- In re Broadway & Seventh Avenue RailroadNew York Supreme Court · 1893
3Cited by5 opinions
- In re City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1930
- Flood Abatement Commission of Olean v. MerrittNew York Supreme Court · 1916
- New York Telephone Co. v. WoodNew York Supreme Court · 1931
- Old Homestead Water Co. v. TreyzAppellate Division of the Supreme Court of the State of New York · 1922
- Schenectady Railway Co. v. LyonNew York Supreme Court · 1904