Bowman v. Town of Chenango
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nancy H. Bowman, from a final judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 18th day of February, 1918, upon a decision of the court rendered after a trial at the Broome Special Term sustaining the demurrer interposed by the defendant to the complaint and dismissing said complaint.
1Opinion of the Court
*473Judgment affirmed, with costs, on the opinion of Kiley, J., at Trial Term. All concurred, except John M. Kellogg, P. J., dissenting, with memorandum, in which Woodward, J., concurred.
The following is the opinion of the court below:
Kiley, J.:
The complaint in this action alleges that the defendant is a municipal corporation, one of the towns of Broome county; that in June and July, 1917, it had a town superintendent of highways, duly elected, qualified and authorized to discharge the duties imposed upon him under the Highway Law of the State of New York; that he was required to construct and…
2Cases cited5 opinions
- Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
- Winchell v. Town CamillusAppellate Division of the Supreme Court of the State of New York · 1905
- Barber v. Town of New ScotlandNew York Supreme Court · 1895
- Dye v. Town of Cherry CreekNew York Supreme Court · 1914
- Dye v. Town of Cherry CreekAppellate Division of the Supreme Court of the State of New York · 1915