Birge v. Berlin Iron Bridge Co.
New York Supreme Court
Appeal from special term. Action by James O. Birge, a tax-payer of the town of Oswegatchie, against the defendant the Berlin Iron Bridge Company, to restrain it from constructing a bridge under a contract made with the defendant Joseph Wagner, as commissioner of highways of that town, alleged to have been made in pursuance of authority given at a special town-meeting of that- town.
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Appeal from special term. Action by James O. Birge, a tax-payer of the town of Oswegatchie, against the defendant the Berlin Iron Bridge Company, to restrain it from constructing a bridge under a contract made with the defendant Joseph Wagner, as commissioner of highways of that town, alleged to have been made in pursuance of authority given at a special town-meeting of that- town. The complaint, among other things, charges that the defendant Wagner claims to have entered into a contract, as commissioner of highways, with the Iron Bridge Company, to tear down the old bridge at Bel Weir…
1Dissent
Mayham, J.,
(dissenting.) The plaintiff brings this action as a resident and tax-payer of the town of Oswegatchie, and asks that the defendants be restrained from carrying out a contract made by the defendant Wagner, as commissioner of highways of that town, with the defendant the Berlin Iron Bridge Company, for the construction of a bridge across a river in that town at Eel Weir rapids, for the alleged purpose of preventing waste of the town funds. The complaint alleges the making of a contract between the defendants for the construction of a bridge at that point at an expense of $9,200,…
2Cases cited2 opinions
- People Ex Rel. Bridgeman v. . HallNew York Court of Appeals · 1887
- Berlin Iron Bridge Co. v. WagnerNew York Supreme Court · 1890