Legal Opinion

Conrad v. . the Trustees of the Village of Ithaca

New York Court of Appeals

Decided September 5, 1857PublishedCited by 172 opinions

Appeal from the Supreme Court. By ch. 229 of 1821, a district therein described is made a village, and the freeholders and inhabitants residing within its limits are declared to be a body politic and corporate by the name of The Trustees of the Village of Ithaca.

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Appeal from the Supreme Court. By ch. 229 of 1821, a district therein described is made a village, and the freeholders and inhabitants residing within its limits are declared to be a body politic and corporate by the name of The Trustees of the Village of Ithaca. By the fourteenth section of the act, the village is made a separate road district, and is exempted from the superintendence of the commissioners of highways of the town of Ulysses, within the bounds of which it lies; and the trustees are made commissioners of highways, and invested with the same powers and charged with the same…

1Opinion of the Court

Denio, Ch. J.

The principal question in this case was the same with that decided by this court in Hickok v. The Trustees of the Village of Plattsburgh (June Term, 1856), * That question was whether the trustees of a village, in respect to their functions as commissioners of highways, are to be regarded as the agents of the corporation in such a sense as to make the latter responsible for their acts or omissions, according to the law of master and servant. I thought they were rather to be regarded as public officers, and that the community which they, in some sense, represented, whether a…

2Cited by172 opinions

  1. Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
  2. Maxmilian v. . MayorNew York Court of Appeals · 1875
  3. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  4. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  5. Barnes v. District of ColumbiaSupreme Court of the United States · 1876

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