Town of Brighton v. Rochester Vulcanite Pavement Co.

Plaintiff appeals from three judgments entered upon motions for dismissal on the merits at the close of plaintiff’s case and for a nonsuit, and from two separate orders of the trial Court granting the defendants Lozier and Rochester Vulcanite Pavement Company an extra allowance of costs in the sum of $1,000 each.

The action is brought by the town of Brighton against the town’s engineer, a paving contractor, and the contractor’s bondsman to recover the damages which the town claims to have sustained by reason of the alleged defective Work of the contractor. A recovery is sought upon two…