In re the Freeholders to compel the Commissioners of Highways of the Towns of Allegany & Carrolton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term denying the application of certain freeholders for an order compelling the commissioners of highways of the towns of Allegany and Carrolton, in the county of Cattaraugus, to repair a bridge over the Allegany river, and directing the said commissioners to meet and provide for the repair of said bridge.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing an order of Special Term denying the application of certain freeholders for an order compelling the commissioners of highways of the towns of Allegany and Carrolton, in the county of Cattaraugus, to repair a bridge over the Allegany river, and directing the said commissioners to meet and provide for the repair of said bridge. (Reported below, 3 H. T. S. C. [T. & C.], 235.) These proceedings were instituted under and in accordance with the provisions of the act (chapter 639, Laws of 1857),…
1Opinion of the CourtAllen, J.
This appeal is brought by the commissioners of highways of the two towns named in the proceedings from the order of the Supreme Court, requiring them to repair a bridge across the Alleghany river, constructed pursuant to the provisions of chapter 299,. of the Laws of 1862. The river passes through the two towns of Carrollton and Allegany, but does not flow between them and thus separate them from each other. It does not constitute a boundary line between them at any point. The bridge is wholly within the town of Carrolton, about forty rods from the dividing line of the two towns. The petition…
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