City of Schenectady v. Furman

This case was before this court at a former term on an appeal from a judgment in favor of the plaintiff, which was reversed, and a new trial ordered by this court. 61 Hun, 171, 15 N. Y. Supp. 724. Some of the questions raised and dis- ■ cussed on that appeal, and which were ruled adversely to the contention of the plaintiff and appellant, appear apparently in the •same form on this appeal. The facts upon which the common council assumed jurisdiction and authority to do work for which the defendant is sought to be charged in this action appear substantially the same in both trials and on both…