In Re the Trustees of the Leake & Watts Orphan Home
New York Court of Appeals
Appeal from order of the G-éneral Term of the Supreme Court, in the first judicial department, made February 2,1882, which affirmed an order of Special Term which reduced an assessment upon certain lots of the petitioner in the city of Hew York for constructing a sewer in Tenth avenue in said city between One Hundred and Tenth and One Hundred and Fourteenth streets. The material facts are stated in the opinion.
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Appeal from order of the G-éneral Term of the Supreme Court, in the first judicial department, made February 2,1882, which affirmed an order of Special Term which reduced an assessment upon certain lots of the petitioner in the city of Hew York for constructing a sewer in Tenth avenue in said city between One Hundred and Tenth and One Hundred and Fourteenth streets. The material facts are stated in the opinion. The work done in the year 1875 by day’s work was illegal and unauthorized, being in violation of the ninety-third section of the charter of 1873, and cannot be the foundation of a…
1Opinion of the CourtEarl, J.
The cost of the work for which the assessment in question was made was $35,214.25. Of this sum $16,292.60 was assessed upon the property owners, and $18,921.65 upon the city. The sum of $33,804.78 was the expense of work done by day’s work, and $1,318.47 was the expense of work done by contract. The cost of work done by day’s work was as follows:
1350 cubic yards of rock excavation at $14, 087, $19, 018 86
1 receiving basin............................ 363 22
23.93 lineal feet 12-inch pipe at $7.05.......... 168 79
562.17 lineal feet brick sewer at $25.35 ........ 14, 253 91
Total...................…
2Cases cited1 opinion
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
3Cited by9 opinions
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- Matter of LivingstonNew York Court of Appeals · 1890
- Shannon v. PortlandOregon Supreme Court · 1900
- Thomas v. WoodsCourt of Appeals of Kentucky · 1908
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