Burns v. Broderick

One claim made by the plaintiff is that the patented process Colprovia, for which a bid was submitted, is untried and experimental. The selection of a pavement is a matter for the municipal authorities, and when the selection is not abused and there is no evidence of fraud or illegality, the choice of the municipal authorities will not be disturbed. In this instance the claim that Colprovia is untried and experimental is disputed by *860affidavits submitted in opposition to the motion for a temporary injunction, and there is no evidence of fraud or illegality in the selection of this pavement as…