Livingston v. Stafford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, De Witt Stafford, as commissioner of highways of the town of Stratford, and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Fulton on the 20th day of November, 1903, upon the decision of the court rendered after a trial at the Fulton Trial Term before the court without a jury.
1Opinion of the Court
Houghton, J.:
This is a taxpayers’ action brought to restrain the building of a new bridge, contracted for, in writing, at an expense of $3,900, by the highway commissioner of a town, upon the consent of the town board.
The existing bridge, maintained by the town for many years, had not been suddenly damaged or destroyed by the elements, or become unsafe from such cause; but the highway commissioner determined *109that it had become unsafe from natural wear and decay, and thereupon obtained the consent of the town board to erect a new bridge and entered into a written contract…
2Cases cited2 opinions
- People Ex Rel. Morey v. Town Board of AuditNew York Court of Appeals · 1903
- People ex rel. Slater v. SmithNew York Supreme Court · 1894
3Cited by4 opinions
- People ex rel. Canton Bridge Co. v. Board of Town Auditors of HoriconAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Fellows v. EarlyAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. United Construction Co. v. VoorhiesAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Canton Bridge Co. v. Board of Town Auditors of HoriconAppellate Division of the Supreme Court of the State of New York · 1909