Gaedeke v. Staten Island M. R. Co.

It is claimed that, in the decision hitherto rendered by us (43 App. Div. 514, 60 N. Y. Supp. 598), we have overlooked the amendments made to the highway law of the state by chapter 333 of the Laws of 1893 and chapter 375 of the Laws of 1895. Section 58 of the highway law reads:

“The county roads in any county shall be exclusively under the jurisdiction of the board of supervisors and the county engineer of the county, and exempt from the jurisdiction of the highway officers, or officers performing the duty of highway commissioners of the several towns and villages in which such county roads…