Seymour v. Village of Salamanca
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and facts, so far as material, are stated in the opinion. Mo civil action is maintainable against- the municipal corporation for a failure on the part of its trustees to exercise the power conferred upon it to make and open up for public travel new streets. (Mills v. City of…
1Per curiam
Villages incorporated under chap. 291, of the Laws of 1870, possess the power to open and improve streets within the corporate limits and maintain sidewalks therein, and may require the owners or occupants of lands on the streets to construct sidewalks in front of their premises, and in case of default of such owners or occupants to comply with such requirement the trustees are authorized to make the improvement and charge the expense upon the lands. (Tit. 7, § 1; tit. 3, § 4.)
The exercise of the power to lay out and open streets, given by the act, is quasi judicial and discretionary and no…
2Cases cited2 opinions
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Nelson v. . Village of CanisteoNew York Court of Appeals · 1885
3Cited by7 opinions
- Georgia Home Insurance v. Goode & Co.Supreme Court of Virginia · 1898
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
- Stealey v. Kansas CitySupreme Court of Missouri · 1904
- Bonesteel v. Fitzgerald Bros. Construction Co.Appellate Division of the Supreme Court of the State of New York · 1982
- Whitacre v. City of CharlotteSupreme Court of North Carolina · 1940
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