Palmer v. . Fort Plain and Cooperstown Plank Road Co.
New York Court of Appeals
In November, 1848, the defendant, a planlc road company, organized under the general plank road act, applied to the board of supervisors of the county of Otsego, for leave to lay out and construct its road, and to take the real estate necessary for the purpose; which leave was granted, and commissioners were appointed to lay out the road.
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In November, 1848, the defendant, a planlc road company, organized under the general plank road act, applied to the board of supervisors of the county of Otsego, for leave to lay out and construct its road, and to take the real estate necessary for the purpose; which leave was granted, and commissioners were appointed to lay out the road. In 1849, the directors of the plank road company entered into an agreement with the supervisor and commissioners of highways of the town of Otsego, of which the following is a copy, viz: “ The subscribers, the supervisor and commissioners of highways of the…
1Opinion of the CourtSelden, J.
The most important, among the numerous questions- this case presents, is, whether the supervisor and commissioners of highways of the town of Otsego had power to enter into the agreement which lies at the foundation of the suit. By section 26 of the act to provide for the incorporation of plank road companies, passed May 7,1847, these officers are authorized to agree with such companies “ upon the compensation and damages to be paid by said company, for taking and using any of the highways of the town ;" and by section 1 of the act in relation to plank road companies, passed November 24,…
2Cases cited1 opinion
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