Legal Opinion

New York Central Railroad v. County of Westchester

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 1916PublishedCited by 5 opinions

Appeal by the defendant, County of Westchester, from a judgment of the Supreme Court in favor of the plaintiff,, entered in the office of the clerk of the county of Westchester on the 13th day of November, 1915, upon the decision of the court after a trial at the Westchester Special Term.

1Opinion of the Court

Carr, J.:

The defendant, the county of Westchester, appeals from a judgment against it in the sum of $18,092.50. The.plaintiff’s claim arose out of the construction of the Bronx Valley sewer, which was constructed under the provisions of chapter 646 of the Laws of 1905, as amended. There is no dispute as to the facts. The important question presented upon this appeal is whether the plaintiff may maintain an action at law to recover the amount of its claims against the county of Westchester. The appellant’s contention is that section 13 of the statute provides a specific method for the payment…

2Cases cited3 opinions

  1. New York Catholic Protectory v. Rockland CountyNew York Court of Appeals · 1914
  2. People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
  3. In re AndrusAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by5 opinions

  1. Potts v. City of UticaCourt of Appeals for the Second Circuit · 1936
  2. People ex rel. Kiehm v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1921
  3. Coryell County v. Burke & CorbettCourt of Appeals of Texas · 1928
  4. New York Central Railroad v. City of New YorkNew York Supreme Court · 1928
  5. Delano v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1920

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