Town of Fort Covington v. United States & Canada Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The United States and Canada Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 26th day of October, 1895, upon the verdict of a jury rendered after a trial at the Franklin Circuit, and also from an order entered in said clerk’s office on the 22d day of October, 1895, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, The United States and Canada Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 26th day of October, 1895, upon the verdict of a jury rendered after a trial at the Franklin Circuit, and also from an order entered in said clerk’s office on the 22d day of October, 1895, denying the defendants’ motion for a new trial made upon the minutes. The action was brought to recover damages sustained by the carrying away of a bridge across a river, which bridge ,was…
1Opinion of the Court
Parker, P. J. :
The objections taken by the appellants, that the town has no such property in a highway bridge as will sustain a recovery for its injury or destruction, and that this action is not properly brought, cannot, in my judgment, be sustained. In Bidelman v. State of New York (110 N. Y. 232) it is squarely held that a town has such an interest in the preservation of its bridges as gives a right of action against any person who wrongfully, by negligence or otherwise, makes repair or rebuilding necessary. By section 182 of chapter 569, Laws of 1890, it is provided that any action to…
2Cases cited5 opinions
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Bidelman v. . State of New YorkNew York Court of Appeals · 1888
- Higgins v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
- Board of Supervisors v. PindarNew York Supreme Court · 1870
- People v. Clark & GortonNew York Supreme Court · 1855
3Cited by5 opinions
- State v. F. W. Fitch Co.Supreme Court of Iowa · 1945
- Town of Hempstead v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1910
- Town of Levis v. Black River Improvement Co.Wisconsin Supreme Court · 1900
- Town of Palatine v. Canajoharie Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Town of Southeast v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904