Bidelman v. . State of New York
New York Court of Appeals
Appeal from a decision of the Board of Claims awarding nothing upon a claim presented by claimant as supervisor of the town of Gaines for expenses incurred by the town in repairing highway bridges and culverts in the town alleged to have-been injured through the negligence of the officers and agents of the state. The material facts are stated in the opinion. The proceeding was properly commenced in the name of the supervisor.
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Appeal from a decision of the Board of Claims awarding nothing upon a claim presented by claimant as supervisor of the town of Gaines for expenses incurred by the town in repairing highway bridges and culverts in the town alleged to have-been injured through the negligence of the officers and agents of the state. The material facts are stated in the opinion. The proceeding was properly commenced in the name of the supervisor. (Code of Civil Pro. § 1926; Bridges v. Board of Supervisors, 92 N. Y. 570.) The town is now liable in all cases where formerly a commissioner was liable, and formerly…
1Opinion of the CourtDanforth, J.
Every fact essential to a just cause of action for damages incurred through the negligence of another was found to exist, but the claim for compensation denied upon the sole ground that “ the bridges and culverts ” in question were not the property of the town of Gaines, and hence that an action could not be maintained if the claim were against an individual or a corporation, and consequently could not be properly presented against the state. It is, among other things, provided by the Code (§ 1926), that an action or special proceeding may be maintained by the supervisor of a town “ to…
2Cases cited7 opinions
- People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
- Morey v. Town of NewfaneNew York Supreme Court · 1850
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
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3Cited by10 opinions
- Parish v. . BairdNew York Court of Appeals · 1899
- Town of Sharon v. Anahama Realty Corp.Supreme Court of Vermont · 1924
- Town of Levis v. Black River Improvement Co.Wisconsin Supreme Court · 1900
- Town of Fort Covington v. United States & Canada RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Commonwealth v. FitzgeraldMassachusetts Supreme Judicial Court · 1895
5 more not listed; retrieve them via the Exa API.