Village of Mechanicville v. Stillwater & Mechanicville Street Railway Co.
New York Supreme Court
Action to recover the cost of repaving the streets in said village of Mechanicville, contiguous to defendant’s tracks, made necessary by the maintenance and operation of defendant’s railway.
1Opinion of the CourtRussell, J.
The plaintiff seeks to recover the cost of repaving the streets in the village of Mechanicville, contiguous to the defendant’s tracks, made necessary by the maintenance and operation of the defendants railway. The defendant objects on the ground of non-liability, because the notice to repair was informal, and did not specify the kind of bricks or blocks desired, and required the work to he done under the supervision of the village engineer. The defendant also claims that a contract was made and a franchise given, specifying the kind of paving to consist of small stone between n the rails and…
2Cases cited4 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- People ex rel. Russell v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by7 opinions
- Mayor of New York v. Harlem Bridge, Morrisania & Fordham Railway Co.New York Court of Appeals · 1906
- Binninger v. . City of New YorkNew York Court of Appeals · 1904
- People ex rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction CoAppellate Division of the Supreme Court of the State of New York · 1906
- City of New York v. Brooklyn, Queens County & Suburban RailroadAppellate Division of the Supreme Court of the State of New York · 1913
- Wheeling Traction Co. v. Board of Com'rsCourt of Appeals for the Sixth Circuit · 1918
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