Beckwith v. . Whalen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiffs on trial.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiffs on trial. (Reported below, 5 Lans., 378.) The action was brought by the plaintiffs, as commissioners of highways of the -town of Brighton, in Monroe county, against the defendant, as sole commissioner of highways of the town of Penfield, in the same county, to recover one-half of the expenses of a bridge which the plaintiffs had constructed over Irondequoit creek, which is .the dividing and boundary line between…
1Opinion of the Court
Lott, Ch., C.
It is admitted in the statement of the facts offered to be proved by the counsel of the plaintiffs, on opening their case to the jury, that the highway laid out in the town of Brighton, referred to therein, was a “ lawful public highway, laid out, worked and used ” in that town when the proceedings for the construction of the bridge in question were commenced, and it appears to be conceded by the counsel of the respective parties in their points presented to us, on the submission of the questions raised on the present appeal, for our decision without an oral argument, that if the…
2Cases cited1 opinion
- Marble v. . WhitneyNew York Court of Appeals · 1863
3Cited by19 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Central Pacific Railway Co. v. Alameda CountySupreme Court of the United States · 1932
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Sheridan County v. SpiroWyoming Supreme Court · 1985
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