Legal Opinion

Ensign v. Board of Supervisors

New York Supreme Court

Decided June 15, 1881Published

Appeal by tbe defendant from a judgment, entered on a verdict rendered at tbe Livingston Circuit, and also from an order denying a motion for a new trial made on the minutes of the justice before whom the action was tried.

1Opinion of the Court

Smith, J.:

The action was brought to recover damages sustained by the plaintiff in consequence of defects in a certain bridge across the Genesee river, which, as she alleges, the county of Livingston was bound to repair. The principal question is whether the action will lie against the county. The river in its course between the towns of Geneseo and Leicester, is crossed by a highway leading from the village of Cuylerville, and at that point the bridge in question is located. In 1837, the legislature passed an act incorporating the Leicester Bridge Company for the purpose of building a toll…

2Cases cited6 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
  3. Morey v. Town of NewfaneNew York Supreme Court · 1850
  4. Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
  5. Phelps v. . HawleyNew York Court of Appeals · 1873

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