MATTER OF PERRY v. Town of Cherry Valley

Notwithstanding that the deceased town superintendent of highways of the Town of Cherry Valley was in good faith using the town’s blasting equipment for the improvement of private property in consideration of payment by the property owner to the town, such an operation was beyond his powers as a public officer and illegal (Highway Law, *431§§ 140, 142, 142-b, 142-c, 142-d; Matter of Niland v. Bowron, 193 N. Y. 180; Smith v. City of Rochester, 76 N. Y. 506, 509; Smith v. Smythe, 197 N. Y. 457; 2 Op. St. Comptroller, 1946, p. 43; 3 Op. St. Comptroller, 1947, pp. 234, 235; 4 Op. St. Comptroller,…