New Paltz, Highland & Poughkeepsie Traction Co. v. County of Ulster

Van Kirk, J.:

The construction, maintenance and control of highways is a governmental function. For convenience of administration, counties and towns were organized and to them were delegated certain powers and duties well defined and limited by statute, among which are some duties in the construction, maintenance and control of highways, in discharging which they are performing a governmental duty and their officers acting therein are the agents of the public or the State. The towns and counties are as exempt from liability for the unauthorized or wrongful acts or contracts of their officers…