People ex rel. Canton Bridge Co. v. Board of Town Auditors of Horicon
Appellate Division of the Supreme Court of the State of New York
Ceetioeaei issued out of the Supreme Court and attested on the 5th day of October, 1905, directed to the 'board of town auditors of the town of Horicon, Warren county, H. Y., and the several persons composing the said board, directing them to certify and return to the office of the clerk of the county of Warren all and singular their proceedings had in disallowing and rejecting the claim of the relator.
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Ceetioeaei issued out of the Supreme Court and attested on the 5th day of October, 1905, directed to the 'board of town auditors of the town of Horicon, Warren county, H. Y., and the several persons composing the said board, directing them to certify and return to the office of the clerk of the county of Warren all and singular their proceedings had in disallowing and rejecting the claim of the relator. The claim of the relator rejected by the defendants is for one-half the contract price of a new iron bridge constructed by the relator over the Schroon river connecting the towns of Chester…
1Opinion of the Court
Chester, J. :
The defendants seek to justify their rejection of the relator’s claim upon the ground that the construction of the new bridge was not authorized by law.
Section 10 of the. old Highway Law (Laws of 1890, chap. 568), as amended by chapter 606 of the Laws of 1895, which was in force at the time of the construction of this bridge, related to extraordinary repairs of highways or bridges and provided as follows: “ If any highway or bridge shall at any time be damaged or destroyed by the elements or otherwise, or become unsafe, the commissioner of highways of the town in which such…
2Cases cited5 opinions
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Lapham v. . RiceNew York Court of Appeals · 1874
- Edwards v. FordAppellate Division of the Supreme Court of the State of New York · 1897
- Livingston v. StaffordAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Graham v. StudwellAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- In re the Town of RutlandNew York Supreme Court · 1910
- Bennett v. County of DelawareNew York Supreme Court · 1939
- Raught v. WeedAppellate Division of the Supreme Court of the State of New York · 1915