People ex rel. Fellows v. Early
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Frank Fellows, from a judgment of the' Supreme Court in favor of the deféndants, entered -in -the office ■ of the clerk of the county of Columbia on-the 25th day of October, 1904, upon the report of a referee denying the relator’s application for a peremptory writ of mandamus.
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Appeal by the relator, Frank Fellows, from a judgment of the' Supreme Court in favor of the deféndants, entered -in -the office ■ of the clerk of the county of Columbia on-the 25th day of October, 1904, upon the report of a referee denying the relator’s application for a peremptory writ of mandamus. The relator seeks by mandamus td compel the' town board of the town of New Lebanon and' the highway commissioner of said toxyn to build a bridge over Kinderhook creek upon wliat is claimed to be a highway running north from the Columbia and Rensselaer turnpike. The original writ required the…
1Opinion of the Court
Smith, J.:
By section 10 of the Highway Law (Laws of 1890, chap. 568, as amd. by Laws of 1899, chap. 84) it is provided that “if. any highway or bridge shall at any time be damaged or destroyed by the elements or otherwise or become unsafe, the commissioner oí highways of the town in which such highway or bridge may be, may cause the same to be immediately repaired or rebuilt if consentéd -to by the town board * * *.”
This provision of law was considered by this court in the case of Livingston v. Stafford (99 App. Div. 108), in which casé this court held that this act was to enable the…
2Cases cited4 opinions
- People Ex Rel. Schwab v. . GrantNew York Court of Appeals · 1891
- People Ex Rel. Keene v. Board of SupervisorsNew York Court of Appeals · 1894
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
- Livingston v. StaffordAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Myruski v. Town BoardNew York Supreme Court · 1976
- People ex rel. Isaacs v. MoranAppellate Division of the Supreme Court of the State of New York · 1912