People Ex Rel. City of New York v. Queens County Water Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1921, which modified an order of Special Term by striking therefrom a provision awarding relator a peremptory writ of mandamus and substituting in place thereof a provision awarding relator an alternative writ of mandamus.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 21, 1921, which modified an order of Special Term by striking therefrom a provision awarding relator a peremptory writ of mandamus and substituting in place thereof a provision awarding relator an alternative writ of mandamus. The following questions were certified: “ 1. In the absence of any contract between the Queens County Water Company and the city of New York for fire protection, is there a duty imposed upon the said company to install at its own expense…
1Opinion of the CourtHogan, J.
The respondent is a public service corporation, engaged in the supply of water for domestic purposes and fire protection, subject to the provisions of section 81 of the Transportation Corporations Law, (Cons. Laws, ch. 63), and as such has been for many years engaged in supplying water to the city of New York for the purpose of fire protection and domestic service. Since the year 1902 contracts for such service have not existed between the city and defendant, although service has been continued by defendant.
In the years 1916-1917 the commissioner of water supply, gas and electricity of the…
2Cases cited5 opinions
- North River Electric Light & Power Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Port Jervis Water Works Co. v. Village of Port JervisNew York Court of Appeals · 1896
- Staten Island Water Supply Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- City of New York v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1917
- City of New York v. . Jamaica Water Supply CompanyNew York Court of Appeals · 1919
3Cited by10 opinions
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Jamaica Water Supply Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1942
- Evans v. City of JohnstownNew York Supreme Court · 1978
- City of New York v. New York Water Service Corp.New York Court of Appeals · 1937
- Town of Clifton Park v. Rivercrest Sewage Corp.New York Supreme Court · 1978
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