In re City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, the Town of Carmel, from so much of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 15th day of January, 1912, as reverses and sets aside an award'of $4,500 to the claimant made to it for the repair and upkeep of guard rails constructed along the new roads.
1Opinion of the Court
Thomas, J.:
In this proceeding under chapter 490 of the Laws of 1883, as amended (Laws of 1887, chap. 196), commissioners of appraisal awarded the town of Carmel for damages caused by the closing of some roads and the opening of others two sums, *731one of $1,500 for the added duty “ of maintaining and replacing the foundation or substructure of the substituted roads and of removing loose rock in the rock cuts and making the walls of the rock cuts safe ” as occasion may require, and another sum of $4,500 for the “ duty to safeguard the public in the use of these substituted roads by the…
2Cases cited2 opinions
- In re GilroyAppellate Division of the Supreme Court of the State of New York · 1899
- McConnell v. AllenAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- In re GillespieAppellate Division of the Supreme Court of the State of New York · 1942
- Stebbins v. StateNew York Court of Claims · 1936