People Ex Rel. Root v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of tlie Superme Court in the fifth judicial department, entered upon an order made 'October 2, 1894, which affirmed an order of Special Term granting an application by the relator for a peremptory writ of mandamus.
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Appeal from order of the General Term of tlie Superme Court in the fifth judicial department, entered upon an order made 'October 2, 1894, which affirmed an order of Special Term granting an application by the relator for a peremptory writ of mandamus. The writ required the board of supervisors of Steuben county to levy upon the taxable property of the county the sum of $1,840.03, part of the expenses incurred by the town of Addison for bridge purposes during the year preceding November 1, 1893. It appeared from the application that the bridge crossing the Oanisteo river in the village of…
1Opinion of the Court
Andrews, Oh. J.
The important question in this case is whether, under the Highway Law, a county is bound to contribute to the expense of a free public bridge constructed by a town wholly within its bounds, and not crossing border lines, when the whole cost exceeds one-sixtli of one per centum on the assessed valuation of the taxable property of the town. The question dejiends upon the true construction of section 130 of the Highway Law (Chap. 568 of the Laws of 1890). The courts below have answered this question in favor of the town and against the county. It is claimed in support of this…
2Cases cited1 opinion
- Hill v. . Board of Supervisors of Livingston Co.New York Court of Appeals · 1854
3Cited by10 opinions
- Wilson v. Board of SupervisorsNew York Supreme Court · 1934
- Stone v. . Board of SupervisorsNew York Court of Appeals · 1901
- City of Redding v. County of ShastaCalifornia Court of Appeal · 1918
- Thacher v. Board of SupervisorsNew York Supreme Court · 1897
- Board of Supervisors v. Ionia Circuit JudgeMichigan Supreme Court · 1903
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