From Casetext: Smarter Legal Research

Pond v. New Rochelle Water Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1908
129 App. Div. 913 (N.Y. App. Div. 1908)

Opinion

December, 1908.


We think that the order may be affirmed. The temporary injunction order granted on September 28, 1904, does not prohibit the installation of water meters. The affirmance of the order appealed from does not impair in any way the force of that injunction order. Nor is it to be read as in any way determining the legal rights of the defendant in the premises. The agreement of September 28, 1904, does not prohibit the defendant from the installation of water meters. It merely provides that the defendant will not endeavor to enforce its alleged rights to collect rates other than those now being paid and to install meters by cutting off the water supply of any of the consumers. We think that the order of modification was within the sound discretion of the court. Woodward, Jenks, Gaynor, Rich and Miller, JJ., concurred. Order affirmed, with ten dollars costs and disbursements.


Summaries of

Pond v. New Rochelle Water Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1908
129 App. Div. 913 (N.Y. App. Div. 1908)
Case details for

Pond v. New Rochelle Water Company

Case Details

Full title:CHARLES H. POND, Appellant, v . NEW ROCHELLE WATER COMPANY, Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1908

Citations

129 App. Div. 913 (N.Y. App. Div. 1908)