Day v. . Day
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 8, 1881, which affirmed a judgment of the County Court of Niagara county in favor of defendant. This action was brought by the commissioner of highways of the town of Eoyalton, Niagara county, against the commissioner of highways of the town of Hartland in said county, to recover one-half the expense of rebuilding a bridge.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 8, 1881, which affirmed a judgment of the County Court of Niagara county in favor of defendant. This action was brought by the commissioner of highways of the town of Eoyalton, Niagara county, against the commissioner of highways of the town of Hartland in said county, to recover one-half the expense of rebuilding a bridge. The material facts are stated in the opinion. When two or more towns are required to build and maintain a bridge, such bridge should be…
1Opinion of the CourtRapallo, J.
The main question in this case is whether both of the towns, Royalton and Hartland, are liable to make and maintain the bridge in question, or whether that duty devolved upon the town of Royalton alone.
The bridge is situated partly in each of the two towns. It was built upon the town line which divides them, and which runs in an easterly and westerly direction. The stream which it crosses runs northerly and southerly. The northerly half of the bridge is in the town of Hartland, and the southerly half in the town of Royalton, and it connects a public highway which crosses the stream and runs…
2Cases cited2 opinions
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Lapham v. . RiceNew York Court of Appeals · 1874
3Cited by6 opinions
- Clapp v. Town of EllingtonNew York Supreme Court · 1895
- Taylor v. Town of ConstableNew York Supreme Court · 1890
- Getty v. Town of HamlinNew York Supreme Court · 1889
- Farman v. Town of EllingtonNew York Supreme Court · 1887
- Getty v. Town of HamlinNew York Supreme Court · 1887
1 more not listed; retrieve them via the Exa API.