In re the Freeholders of the Towns of Elma & Marilla
Appellate Division of the Supreme Court of the State of New York
Appeal by the Town of Elma and others from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 10th day of November, 1921, granting the application of the respondents requiring the towns of Elma, and Marilla jointly to construct a bridge over Big Buffalo creek on a highway known as the Marilla-Elma town line road, the portion of the highway upon which the bridge is situated being in the town of…
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Appeal by the Town of Elma and others from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 10th day of November, 1921, granting the application of the respondents requiring the towns of Elma, and Marilla jointly to construct a bridge over Big Buffalo creek on a highway known as the Marilla-Elma town line road, the portion of the highway upon which the bridge is situated being in the town of Marilla.
1Dissent
Kruse, P. J. (dissenting):
If the highway upon which the bridge in question is located is a town fine highway within the meaning of section 207 of the Highway Law, the towns between which it runs are jointly liable for the maintenance of the bridge. That section so provides. It does not, however, follow that the proceeding provided for in section 256 to compel the rebuilding or repair of such bridge may be maintained. That section applies to bridges over streams dividing adjoining towns hable to maintain the same. This bridge is wholly within one of the towns and the stream which it bridges…
Also in this document: Concurrence.
2Cases cited3 opinions
- Lapham v. . RiceNew York Court of Appeals · 1874
- In re the Freeholders of the Towns of Madrid, Waddington & LouisvilleNew York Supreme Court · 1904
- Matter of of Freeholders of Catt. Co.New York Court of Appeals · 1874