Gilmore v. City of Utica
New York Supreme Court
Appeal from special term, Oneida county. Action by Hiram Gilmore against the city of Utica and others to vacate a street assessment. Plaintiff was a tax-payer in the city of Utica, and the owner of property fronting on Genesee street, which street was repaved by the defendant the Warren-Scharf Asphalt Paving Company, in pursuance of a contract awarded to it by the common council.
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Appeal from special term, Oneida county. Action by Hiram Gilmore against the city of Utica and others to vacate a street assessment. Plaintiff was a tax-payer in the city of Utica, and the owner of property fronting on Genesee street, which street was repaved by the defendant the Warren-Scharf Asphalt Paving Company, in pursuance of a contract awarded to it by the common council. After the contract was completed, the company and the city surveyor reported the completion of the same to the common council, and the reports were accepted, and the common • council directed an assessment to be made…
1Opinion of the CourtHardin, P. J.
Appellant’s learned counsel, in their points, state, viz.. “We insist that it was unjust and inequitable for the common council to subject the owners of property fronting on the street repaved, or the tax-payers, at large, to the payment of the expense of that portion of the repavement in ■question between the street-railroad tracks, and in the space two feet in width outside the outer rails. (2) Said assessment is illegal and void because it was made to include the expense of said repavement between the tracks, and for two feet outside the outside rails of the tracks, of the street railroad…
2Cases cited5 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- Schanck v. . the Mayor, Etc.New York Court of Appeals · 1877
- Gilmore v. City of UticaNew York Supreme Court · 1890