City of Schenectady v. Trustees of Union College
New York Supreme Court
Appeal from judgment on report of referee. Action by the city of Schenectady against the Trustees of Union College to recover an assessment for the paving of Union street, in said city. From a judgment in plaintiff’s, favor, defendant appeals. Affirmed.
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Appeal from judgment on report of referee. Action by the city of Schenectady against the Trustees of Union College to recover an assessment for the paving of Union street, in said city. From a judgment in plaintiff’s, favor, defendant appeals. Affirmed. The contract between the city and the Barber Asphalt Company, under which the pavement was laid, contained the following clause: “(10th). The party of the second part hereby covenants and agrees that it will do all the work required by such ordinance and this contract in such good and substantial manner that no repairs thereto shall be…
1Opinion of the CourtMayham, P. J.
The case shows that, the defendant originally owned the land in Schenectady which now constitutes Union avenue and Gillispee street, in that city, and dedicated the same to the public, and the plaintiff accepted such dedication and adopted said land as public streets. After such dedication and adoption, Union street was paved by the plaintiff with asphalt, and a portion of the expense of the pavement was assessed by the common council of the plaintiff for the two lots, of which the half of Union avenue was one and the half of Gillispee street was the other, in the same manner as if they were…
Also in this document: Concurrence.
2Cases cited5 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Newell v. . WheelerNew York Court of Appeals · 1872
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
- Matter of BurkeNew York Court of Appeals · 1875
- People ex rel. Hall v. MaherNew York Supreme Court · 1890
3Cited by12 opinions
- Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
- Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
- Allen v. City of PortlandOregon Supreme Court · 1899
- State ex rel. Wheeler v. District CourtSupreme Court of Minnesota · 1900
- Shake v. SmithIndiana Supreme Court · 1901
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