Majority
p. 507Western New York Water Company, Respondent, v. City of Buffalo et al., Appellants. (Argued January 14, 1926; decided February 24, 1926.)
Headnote
Buffalo {city of) — municipal corporations — taxpayer’s action to enjoin city from selling and supplying water outside of its boundaries.Western New York Water Co. v. City of Bxiffalo, 214 App. Div. 809 , reversed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial
p. 508
department, entered July 21, 1925, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term. Said judgment enjoined the city of Buffalo from supplying and the Farrel Foundry and Machine Company, Inc., from receiving water from the mains of said city delivered on a vacan) piece of property within the limits of the city of Buffalo owned by the Farrel Foundry and Machine Company, . Inc., and adjoining property owned by the same company in the town of Tonawanda along the northerly line of the city of Buffalo. The action was brought by the Western New York Water Company as a taxpayer of the city of Buffalo under section 51 of the General Municipal Law.
Frederick C. Rupp, Corporation Counsel {Frank C. Westphal of counsel),' for City of Buffalo et al., appellants.
William S. Rann for Farrel Foundry and Machine C ompany, Inc., appellant.
Roscoe R. Mitchell and Preston M. Albro for respondent.
Judgments reversed and complaint dismissed, with costs in all courts,' on authority of Western New York Water Co. v. City of Buffalo ( 242 N. Y. 202 ); no opinion.
Concur: Hiscock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.
Cases cited
- Western New York Water Co. v. City of Buffalo 242 N. Y. 202 p. 508