Legal Opinion

Bryan v. Landon

New York Supreme Court

Decided January 15, 1875Published

Motion by defendants for a new trial after a verdict in favor of plaintiffs, on exceptions ordered to be heard at the general term in the first instance. The action was brought by Lyman H. Bryan and others against Henry.

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Motion by defendants for a new trial after a verdict in favor of plaintiffs, on exceptions ordered to be heard at the general term in the first instance. The action was brought by Lyman H. Bryan and others against Henry. Landon, commissioner of highways of Lima, Livingston county, and Robert Chapin, commissioner of highways of West Bloomfield, Ontario county, to recover damages sustained by the plaintiffs from the breaking down of a bridge over Honeoye creek, which formed the boundary between said towns of Lima and West Bloomfield. Sufficient facts appear in the opinion,

1Opinion of the CourtE. Darwin Smith, J.

That the towns of Lima and West Bloomfield were bound to construct and maintain the bridge in question *595at their joint expense was assumed and not disputed at the trial. The bridge crossed a stream dividing said towns and connected two public highways laid out, opened and in use in said towns respectively. The defendants were the commissioners of said towns, and as such were charged with the duty of giving directions for the repair of the roads and bridges of their respective towns. 1 R. S. 501. And by force of the act of 1841, chapter 225, as amended by chapter 383 of the Laws of 1857, they…

2Cases cited2 opinions

  1. Robinson v. . ChamberlainNew York Court of Appeals · 1866
  2. Beckwith v. WhalenNew York Supreme Court · 1872

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