Birge v. Berlin Iron Bridge Co.
New York Supreme Court
Motion to resettle order of general term. Action by James 0. Birge against the Berlin Iron Bridge Company and another to restrain defendants from building a highway bridge across the Eel Weir Bapids, in the town of Oswegatchie, under a contract entered into between the highway commissioner of the town and the bridge company, on the ground that the commissioner had no legal power or authority to make the contract, and that an appropriation by vote of the electors of the town…
Read the full summary
Motion to resettle order of general term. Action by James 0. Birge against the Berlin Iron Bridge Company and another to restrain defendants from building a highway bridge across the Eel Weir Bapids, in the town of Oswegatchie, under a contract entered into between the highway commissioner of the town and the bridge company, on the ground that the commissioner had no legal power or authority to make the contract, and that an appropriation by vote of the electors of the town for that purpose was illegal and invalid. The court held, in general term, following the case of Bridge Co. v. Wagner,…
1Opinion of the CourtMayham, P. J.
I am of opinion that the order in this case, made upon the decision of the general term of this court, which was handed down on the 30th of November, 1891, should show that that decision was made upon questions of law only. The conclusion reached by the justice delivering the prevailing opinion was upon the consideration of the questions of law raised and involved in the case, and not upon any determination of any disputed question of fact, or in the exercise of any discretionary power vested in the court. The order designated as No. 1 in the moving papers should stand as the order of the…
2Cited by2 opinions
- Birge v. Berlin Iron Bridge Co.New York Supreme Court · 1892
- Birge v. Berlin Iron Bridge Co.New York Supreme Court · 1892