Gilmore v. . City of Utica
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The Utica City Railroad Company was organized under the General Railroad Act in 1862, and it applied to the common council of the city for permission to lay its tracks in the streets, and permission was given.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 11, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The Utica City Railroad Company was organized under the General Railroad Act in 1862, and it applied to the common council of the city for permission to lay its tracks in the streets, and permission was given. “ Upon condition, nevertheless, that the said railroad company shall and doth construct the said railroad upon the most approved plan…
1Opinion of the CourtEarl, J.
It was found by the trial judge that at the time the city entered into the contract with the Warren-gcharf Ashphalt Paving Company, the pavement in Genesee street “was worn out, in very bad and dangerous condition, and was all cut up and rough, and anew pavement was necessary.” Under such circumstances it was the duty of the city to cause the street to be repaved. Under its charter the general duty is imposed upon it to repair, pay and repave its streets ; and ample provisions are contained in its charter to enable it to discharge this duty. (Chap. 18, Laws of 1862, as amended by chap. 28,…
2Cases cited5 opinions
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Malcom v. RogersNew York Supreme Court · 1825
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
3Cited by27 opinions
- Conway v. . City of RochesterNew York Court of Appeals · 1898
- People Ex Rel. Davidson v. . GilonNew York Court of Appeals · 1891
- Gilmore v. . City of UticaNew York Court of Appeals · 1892
- State ex rel. Keith v. Common CouncilIndiana Supreme Court · 1894
- Burnham Hotel v. City of CheyenneWyoming Supreme Court · 1924
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