Legal Opinion

Wright v. Town of Wilmurt

New York County Courts

Decided July 15, 1904Published

Appeal from a judgment, rendered in a justice’s court of Herkimer county, in favor of the plaintiff and against the appellant for $120.15 damages and costs.

1Opinion of the CourtDevendorf, J.

The plaintiff brought this action in the court below to recover $105.60, contract price for labor and services rendered by him in cutting brush upon the highways in said town.

'The evidence, as submitted by the plaintiff upon the trial of this case and as ascertained in the return, is not sufficient to sustain the judgment appealed from.

Giving the broadest scope possible to the plaintiff’s case, he established nothing beyond the facts that the plaintiff' had rendered services, pursuant to contract or agreement with the highway commissioner of said town, cutting brush along the highway therein,…

2Cases cited8 opinions

  1. People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
  2. Colby v. Town of DayAppellate Division of the Supreme Court of the State of New York · 1902
  3. People ex rel. Bevins v. Board of Sup'rsNew York Supreme Court · 1894
  4. Bragg v. Town of VictorAppellate Division of the Supreme Court of the State of New York · 1903
  5. People ex rel. Hamm v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1899

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