Legal Opinion

In Re the Trustees of the Leake & Watts Orphan Home

New York Court of Appeals

Decided March 30, 1883PublishedCited by 9 opinions

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

  1. Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872

3Cited by9 opinions

  1. Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
  2. Los Angeles County Flood Control District v. Southern California Edison Co.California Supreme Court · 1958
  3. Matter of LivingstonNew York Court of Appeals · 1890
  4. Shannon v. PortlandOregon Supreme Court · 1900
  5. Thomas v. WoodsCourt of Appeals of Kentucky · 1908

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