New York Court of Appeals

In the Matter of the Application of the Rochester Water Commissioners to Acquire Lands of the Rochester Water Company.

June 20, 187666 N.Y. 413

Summary

The New York Court of Appeals affirmed the lower courts' orders granting the water commissioners an easement over a narrow strip of land owned by the Rochester Water Company and confirming the appraisal of damages, holding that the statutes authorizing the proceeding were valid and that a corporation's special public-use rights cannot be taken by a general eminent domain power, though an easement may be acquired if it does not interfere with those rights.