Beckwith v. . Whalen
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. (Reported below, 9 Hun, 408.) The case, upon a former appeal, is reported in 65 DT.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. (Reported below, 9 Hun, 408.) The case, upon a former appeal, is reported in 65 DT. Y., 322. This action ivas brought by plaintiffs as commissioners of highways of the town of Brighton, in the county of Monroe, to recover of the defendant, as commissioner of highways of the town of Penfield, in the same county, one-half of the expense of building a bridge across Irondequoit creek, which separates the two…
1Opinion of the Court
Church, Ch. J.
This is an action brought upon the authority of “ an act relating to the joint liability of commissioners of highways,” passed May 25, 1841, as amended by act chap. 383, of Laws of 1857 (3 R. S. at large, 533, Edmunds ed.), to compel the defendant to contribute to the expense of building a bridge over Ironclequoit creek which separates the town of Brighton from the town of Penfield, in the county of Monroe.
The first section of said act as amended declares that when two or more towns shall be liable to make or maintain, any bridge or bridges, the same shall be built and…
2Cases cited1 opinion
- Marble v. . WhitneyNew York Court of Appeals · 1863
3Cited by15 opinions
- Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1898
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- City of Buffalo v. HoffeldSuperior Court of Buffalo · 1893
- Hislop v. County of LincolnOregon Supreme Court · 1968
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