Hubbell ex rel. Hubbell v. City of Yonkers
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the verdict of á jury, and from an order denying a motion for a new trial made upon the minutes of the justice before whom the action was tried.
1Opinion of the Court
Dykman, J.:
The power of municipal corporations to make improvements may or may not be exerted, and for a failure to proceed or an erroneous estimate of the requirements of the public, no civil action can be maintained. The reason being that the duty imposed is judicial in its character, requiring the exercise of deliberation and judgment.
But when action has been taken and judgment has been exercised and an improvement has been made, then a duty is imposed on the municipality to continue the same in order and repair. This is a ministerial duty and for its violation or neglect a civil action…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Hines v. . the City of LockportNew York Court of Appeals · 1872
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