Old Homestead Water Co. v. Treyz — 234 N.Y. 612

Majority

p. 612

Old Homestead Water Company, Appellant, v. G. Harry Treyz et al., Respondents.

Headnote

Eminent domai n — condemnation proceedings — water works — filing of map of lands to be taken or entered upon necessary preliminary of proceeding to acquire right to divert waters of streams.

Old Homestead Water Co. v. Treyz, 202 App. Div. 98 , affirmed.

(Argued November 21, 1922;

decided December 12, 1922.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 20, 1922, which reversed a final order in condemnation proceedings entered upon the report of a referee and dismissed the petition upon the ground that petitioner had failed to file the preliminary map required by section 83 of the Transportation Corporations Law. Plaintiff in this proceeding sought to acquire the right to divert the waters of certain streams in Sullivan county for the purpose of supplying water to the village of Livingston Manor.

p. 613

A. G. Patterson for appellant.

C. H. Hitchcock for respondents.

Order affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.