People ex rel. Smith v. City of Brooklyn
New York Supreme Court
CeRtioraRi to remove certain proceedings instituted by the defendants for the setting of a new curb and gutter in Smith street in the city of Brooklyn, between Fulton avenue and Sacket street, which were afterwards reconsidered and changed into proceedings for the re-grading and re-paving of said Smith street and setting new curb and gutter therein, between Fulton avenue and Warren street, the expenses of which were assessed upon the relator and other owners of property…
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CeRtioraRi to remove certain proceedings instituted by the defendants for the setting of a new curb and gutter in Smith street in the city of Brooklyn, between Fulton avenue and Sacket street, which were afterwards reconsidered and changed into proceedings for the re-grading and re-paving of said Smith street and setting new curb and gutter therein, between Fulton avenue and Warren street, the expenses of which were assessed upon the relator and other owners of property supposed to be benefited thereby. The material facts appear in the opinion of the court.
1Opinion of the Court
By the Court, S. B, Strong, J.
The common council were clearly authorized to direct Smith street to be regraded and repaved, under the first section of 'title four of their charter. Whether the alterations thus sanctioned would not include the setting of new curb stones and gutters in lieu of the old ones, might be a question of some difficulty were it not -for the specific provision in the 22d subdivision of the 13th section of title two. That confers in express terms the power to cause new curb and gutter stones to be put down and laid where the old ones do not conform to the ordinances of…
2Cited by6 opinions
- City of Albany v. . McNamaraNew York Court of Appeals · 1889
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- State ex rel. Roundtree v. Board of CommissionersIndiana Supreme Court · 1881
- McNair v. OstranderWashington Supreme Court · 1890
- Denise v. Village of FairportNew York Supreme Court · 1895
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