People Ex Rel. Ream Pavement Co. v. Board of Improvement of Union Street
New York Court of Appeals
Appeal from an order of the General Term of the second judicial district, affirming an order of the Special Term, Kings county, denying a mandamus to compel the respondents to award a contract to the relators to pave Union street, Brooklyn. By chapter 826 of the Laws of 1866 (page 1849), commissioners were to be appointed to widen and improve Union street in the city of Brooklyn.
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Appeal from an order of the General Term of the second judicial district, affirming an order of the Special Term, Kings county, denying a mandamus to compel the respondents to award a contract to the relators to pave Union street, Brooklyn. By chapter 826 of the Laws of 1866 (page 1849), commissioners were to be appointed to widen and improve Union street in the city of Brooklyn. The powers of the commissioners are found in section three (3) of the act, as follows: “Section 3. The said board of improvement is hereby authorized to cause said street to be graded and paved, or graveled, or…
1Opinion of the CourtGrover, J.
—The motion of the relator for a writ of mandamus was properly denied. So far from the relator having an absolute right to a contract for paving Union street in Brooklyn, the respondents were not authorized to enter into it with the relator. By the third section of the act for the widening. and improving that street (Laws of 1866, 1867), the board of improvement thereby created were authorized to cause said street to be graded and paved, or graveled or macadamized, and completed and improved according to such plan as they might adopt and with such grades as had been or should be established…
2Cited by17 opinions
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