Matter of Uvalde Cont. Co. v. . Mathewson
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1916, which affirmed an order of Special Term granting a motion for a writ of mandamus directing the president of the borough of The Bronx and the chief engineer of sewers and highways in the city of New York to forward to the comptroller a certificate that the relator’s contract had been fully performed, and that it was entitled to full payment thereunder.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1916, which affirmed an order of Special Term granting a motion for a writ of mandamus directing the president of the borough of The Bronx and the chief engineer of sewers and highways in the city of New York to forward to the comptroller a certificate that the relator’s contract had been fully performed, and that it was entitled to full payment thereunder. The facts, so far as material, are stated in the opinion. The contractor was under no duty to repair any portion of the…
1Opinion of the CourtCardozo, J.
In April, 1913, the president of the borough of The Bronx in the city of New York gave notice to the Union Railway Company that it must repair the pavement in Boston Road between the tracks and for a width of two feet outside of the tracks. This space is styled in the record “the railroad area.” The railway company is charged by law with the duty of keeping it in repair (Railroad Law [Consol. Laws, ch. 49] § 178, as amended by Laws of 1912, ch. 368). The notice was disregarded, and the city proceeded to do the work itself. For that purpose it made a contract with the relator. The contract…
2Cited by1 opinion
- City of New York v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1923