In re the Freeholders of the Towns of Elma & Marilla
Appellate Division of the Supreme Court of the State of New York
Appeal by the Town of Elma and others from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 10th day of November, 1921, granting the application of the respondents requiring the towns of Elma, and Marilla jointly to construct a bridge over Big Buffalo creek on a highway known as the Marilla-Elma town line road, the portion of the highway upon which the bridge is situated being in the town of…
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Appeal by the Town of Elma and others from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 10th day of November, 1921, granting the application of the respondents requiring the towns of Elma, and Marilla jointly to construct a bridge over Big Buffalo creek on a highway known as the Marilla-Elma town line road, the portion of the highway upon which the bridge is situated being in the town of Marilla.
1Opinion of the Court
Hubbs, J.:
This proceeding was commenced by certain residents of the towns of Elma and Marilla in the county of Erie to compel the town superintendents of those towns to construct a bridge on the town line road between said towns over Big Buffalo creek at a point situated about 100 feet east of the town line in the town of Marilla. The proceeding was taken under section 256 of the Highway Law, which provides, in substance, that wherever adjoining towns shall be liable to make or maintain a bridge jointly and refuse to do so after a proper request the court may, upon motion, make an order…
2Cases cited2 opinions
- Beckwith v. . WhalenNew York Court of Appeals · 1875
- In re the Freeholders of the Towns of Madrid, Waddington & LouisvilleNew York Supreme Court · 1904
3Cited by1 opinion
- Bennett v. County of DelawareNew York Supreme Court · 1939