People ex rel. Canton Bridge Co. v. Board of Town Auditors of Horicon
Appellate Division of the Supreme Court of the State of New York
Ceetioeaei issued out of the Supreme Court and attested on the 5th day of October, 1905, directed to the 'board of town auditors of the town of Horicon, Warren county, H. Y., and the several persons composing the said board, directing them to certify and return to the office of the clerk of the county of Warren all and singular their proceedings had in disallowing and rejecting the claim of the relator.
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Ceetioeaei issued out of the Supreme Court and attested on the 5th day of October, 1905, directed to the 'board of town auditors of the town of Horicon, Warren county, H. Y., and the several persons composing the said board, directing them to certify and return to the office of the clerk of the county of Warren all and singular their proceedings had in disallowing and rejecting the claim of the relator. The claim of the relator rejected by the defendants is for one-half the contract price of a new iron bridge constructed by the relator over the Schroon river connecting the towns of Chester…
1Dissent
Cochrane, J. (dissenting):
Judge Chester correctly holds that section 10 of the Highway Law has no application to this case. This is true for two reasons: First, because that séction by its terms applies to a bridge entirely within the boundaries of a town; second, because the section applies only in case of a crisis or emergency, or sudden destruction or damage by the elements, and not to a case like this where the bridge has become unsafe merely from natural wear and use. (Livingston v. Stafford, 99 App. Div. 108; affd. on the opinions of the Trial Term and Appellate Division, 184 N. Y.…
2Cases cited8 opinions
- Lapham v. . RiceNew York Court of Appeals · 1874
- Matter of Niland v. . BowronNew York Court of Appeals · 1908
- People Ex Rel. Root v. Board of SupervisorsNew York Court of Appeals · 1895
- Day v. . DayNew York Court of Appeals · 1883
- Livingston v. StaffordAppellate Division of the Supreme Court of the State of New York · 1904
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