Gilmore v. . City of Utica
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 July 7, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at. Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order-made July 7, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at. Special Term. This was an action to vacate an assessment for paving the southerly portion of Genesee street in the city of Utica, brought by one of the abutting owners, on the ground that it was invalid on account of various defects in the proceedings,, which are set forth in the opinion. The assessment is illegal and void because it was made to include the…
1Opinion of the CourtPeckham, J.
First. The fact that the rails in Genesee street for the use of the horse cars therein were relaid in different positions in the street and an additional track laid down by the Htica Belt Line Street Bailroad Company since the year 1884 does not take the case out of the principle already decided by us when this case was here before. (121 N. Y. 561.) Although the work was actually done by the company above named, yet the rails were nevertheless relaid and the track added by tins company in its character as lessee and in the right of the lessor, and the provisions of the 9th section of •chapter…
2Cases cited3 opinions
- Ensign v. . BarseNew York Court of Appeals · 1887
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- People ex rel. Hall v. MaherNew York Supreme Court · 1890
3Cited by17 opinions
- People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
- McGilvery v. City of LewistonIdaho Supreme Court · 1907
- Keeling v. EdwardsSupreme Court of Minnesota · 1912
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Schulte v. Salt Lake CityUtah Supreme Court · 1932
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