Gilmore v. City of Utica
New York Supreme Court
Appeal from special term, Oneida county. An action by Hiram Gilmore against the City of Utica, William F. Hoerlein, its treasurer, and the Warren Scharf Asphalt Paving Company.
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Appeal from special term, Oneida county. An action by Hiram Gilmore against the City of Utica, William F. Hoerlein, its treasurer, and the Warren Scharf Asphalt Paving Company. Plaintiff is a resident of the city of Utica, and a tax-payer therein, and owner in fee of a house and lot on the easterly side of that portion of Genesee street between the northerly line of Eagle street and the southerly line of said city, fronting on Genesee street, and has paid for many years the general tax assessed, and the local assessment made, against his property, by the officers and agents of the city. Under…
1Opinion of the CourtHardin, P. J.
On the 14th of March, 1888, when the common council determined by a resolution to repave Genesee street, there rested upon the street railway the burden of repaving that portion thereof occupied by the railroad, and two feet outside of its tracks. The burden was imposed by the resolution passed by the common council in 1862, to which the street railway had subjected itself in accepting the permission upon the condition mentioned in the resolution, and by assumption of such burden by the terms of the lease under which the present railroad became possessed of the right to operate the same in…
2Cases cited6 opinions
- Supervisors v. United StatesSupreme Court of the United States · 1867
- Moore v. . MayorNew York Court of Appeals · 1878
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- City of Galena v. AmySupreme Court of the United States · 1867
- In Re the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1878
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3Cited by1 opinion
- Gilmore v. City of UticaNew York Supreme Court · 1891