Bradshaw v. City of Jamestown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the City of Jamestown and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Chautauqua on the 30th day of September, 1907, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, ad judging that a certain contract entered into between the defendants Walter I. Blystone, Frederick A. Dorman and Charles H. Wiborg, as members of the board of public…
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Appeal by the defendants, the City of Jamestown and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Chautauqua on the 30th day of September, 1907, upon the decision of the court, rendered after a trial at the Chautauqua Special Term, ad judging that a certain contract entered into between the defendants Walter I. Blystone, Frederick A. Dorman and Charles H. Wiborg, as members of the board of public works of the city of Jamestown, and the defendant Warren Brothers Company, was illegal and void, and permanently…
1Opinion of the Court
Kruse, J.:
I agree with Mr. Justice Woodwabd in the conclusion reached by him, and stated in his opinion at Special Term, that the guaranty clause of the contract relating to repairs goes beyond a mere warranty of good workmanship and titness of the material intended for use in paving the street, thus imposing an additional burden upon the abutting owners beyond what the charter of the city of Jamestown requires them to bear. The charter* only requires the cost of the original pavement to be paid by the abutting owners, leaving the city at large to bear the expense of keeping the pavement in…
2Cases cited3 opinions
- People Ex Rel. North v. . FeatherstonhaughNew York Court of Appeals · 1902
- Swan v. StilesAppellate Division of the Supreme Court of the State of New York · 1904
- Campbell v. . EmslieNew York Court of Appeals · 1907
3Cited by3 opinions
- Segfried Construction Co. v. City of New YorkCity of New York Municipal Court · 1925
- Barber Asphalt Paving Co. v. City of IndianapolisIndiana Court of Appeals · 1913
- Trimble v. SpillmanNew York Supreme Court · 1913