Burke v. City of New York

I fully concur in the opinion of Judge Dye. There can be no dispute about the fact that the duty to repair is imposed by law both upon the city and the trustees. In the case of the city, it is the common law; in the case of the trustees, it is section 178 of the Railroad Law. Such an obligation to repair is not synonymous with an obligation to indemnify.

City of Brooklyn v. Brooklyn City R. R. Co. (47 N. Y. 475) is not apt, for in that case the company had given a bond and a contract to the city, by which it “in effect contracts to perform that duty to the public in the place and stead of the…