Beckwith v. Whalen
New York Supreme Court
Appeal from a judgment of nonsuit of plaintiff and for costs, rendered at a circuit court held in Monroe county, February 9, 1871. The nonsuit was granted on motion of the defendant’s counsel at the close of the opening of counsel for the plaintiffs.
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Appeal from a judgment of nonsuit of plaintiff and for costs, rendered at a circuit court held in Monroe county, February 9, 1871. The nonsuit was granted on motion of the defendant’s counsel at the close of the opening of counsel for the plaintiffs. It appeared, among other things, from the opening, that the plaintiffs, who were highway commissioners of the town of Brighton, in Monroe county, commenced proceedings December 3d, 1868, according to the provisions of chap. 225 of the Laws of 1841, as amended by chap. 383 of Laws of 1857, for the construction of a bridge across the Irondequoit…
1Opinion of the Court
By the Court
Johnson, J.
The action was brought by the plaintiffs, as commissioners of highways of the town of Brighton, in the county of Monroe, against the defendant, as sole commissioner of highways of the town of Penfield, in said county, to recover one-half the expenses of a bridge which the plaintiffs, as such commissioners, had caused to be constructed over and across Irondequoit creek, which is the dividing line between the two. towns. The plaintiffs were nonsuited upon the opening of their case by their counsel, the court holding that, upon the facts stated, which the plaintiffs…
2Cases cited3 opinions
- Christy v. NewtonNew York Supreme Court · 1871
- Mather v. CrawfordNew York Supreme Court · 1862
- Lyon v. MunsonNew York Supreme Court · 1823
3Cited by1 opinion
- Bryan v. LandonNew York Supreme Court · 1875