Birge v. Berlin Iron Bridge Co.
New York Supreme Court
Appeal from special term. Action by James O. Birge, a tax-payer of the town of Oswegatchie, against the defendant the Berlin Iron Bridge Company, to restrain it from constructing a bridge under a contract made with the defendant Joseph Wagner, as commissioner of highways of that town, alleged to have been made in pursuance of authority given at a special town-meeting of that- town.
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Appeal from special term. Action by James O. Birge, a tax-payer of the town of Oswegatchie, against the defendant the Berlin Iron Bridge Company, to restrain it from constructing a bridge under a contract made with the defendant Joseph Wagner, as commissioner of highways of that town, alleged to have been made in pursuance of authority given at a special town-meeting of that- town. The complaint, among other things, charges that the defendant Wagner claims to have entered into a contract, as commissioner of highways, with the Iron Bridge Company, to tear down the old bridge at Bel Weir…
1Opinion of the CourtLandon, J.
The petition of the 18 electors and freeholders of the town, requesting the town-clerk to call the special town-meeting, “pursuant to chapter 259, Laws 1886, * * * for the purpose of raising and appropriating the necessary money to maintain the bridge;” the call of the town-clerk in pursuance thereof, specifying the same purpose, and stating that “a resolution will be offered at said special town-meeting to raise a sum not exceeding $10,000;” the form of the ballots used in voting being either “for” or “against” “the resolution to raise $10,000, or so much thereof as may be required to build…
2Cases cited2 opinions
- Huggans v. . RileyNew York Court of Appeals · 1890
- Berlin Iron Bridge Co. v. WagnerNew York Supreme Court · 1890
3Cited by1 opinion
- Birge v. Berlin Iron Bridge Co.New York Supreme Court · 1892