People ex rel. Russell v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 9th' day of June,. 1898, directed to the city of Utica and others, requiring them to certify aiid return to the office of the clerk of the county of Oneida all and singular their proceedings had in,levying a local assessment upon property abutting upon Whitesboro street in the city of Utica, H. Y., to pay for the alleged repaving of a portion of that street.
1Opinion of the Court
McLennan, J.:
In the year 1897, the city of Utica, through its common council, assumed to -assess upon the property abutting upon the improvement in Whitesboro street in said city, two-thirds of the entire cost of repaving said street, which sum included the cost of paving a strip *357two feet in width on the outside of -the rails of the street railroad which occupied the street.
Under the decision of the case of Conway v. City of Rochester (157 N. Y. 33) we are of the opinion that chapter 933 of the Laws of 1895, amending section 90 of the Railroad Law (Laws of 1890, chap. 565), is applicable to…
2Cases cited1 opinion
- Conway v. . City of RochesterNew York Court of Appeals · 1898
3Cited by1 opinion
- Village of Mechanicville v. Stillwater & Mechanicville Street Railway Co.New York Supreme Court · 1901