City of Binghamton v. Binghamton & Port Dickinson Railway Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by the city of Binghamton against the Binghamton & Port Dickinson Railway Company to recover the expense of certain paving. Judgment was entered in Broome county, on the report of a referee, in favor of plaintiff for $5,181.12 damages, besides interest and costs. Defendant appeals.
1Opinion of the CourtMerwin, J.
This action is brought to recover the expense of paving between the defendant’s railway tracks on Chenango street, in the city of Binghamton, from the Erie Railway northerly to the north line of the city. The plaintiff was incorporated as a city by chapter 291 of the Laws of 1867. By this act the mayor and common council were made commissioners of highways, and given the general powers of commissioners in towns. They were also given the power to regulate, pave, repair, and improve the streets. It was, however, provided that, before any paving should be ordered, it should be necessary that…
2Cases cited14 opinions
- United States v. RossSupreme Court of the United States · 1876
- Chicago v. SheldonSupreme Court of the United States · 1870
- Mayor, Etc., of N.Y. v. . SEC. Ave. R.R. Co.New York Court of Appeals · 1886
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Mayor of Baltimore v. ScharfCourt of Appeals of Maryland · 1880
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3Cited by2 opinions
- City of Kalamazoo v. Michigan Traction Co.Michigan Supreme Court · 1901
- Pratt v. Centennial Realty Co.Louisiana Court of Appeal · 1914