Bennett v. County of Delaware

Gold (A. E.), J.

This is a motion to dismiss the complaint on the ground that it fails to state a cause of action.

Mickle bridge, which formerly divided the towns of Davenport and Oneonta in Delaware and Otsego counties, respectively, was washed away in a flood on September 21, 1938, and the purpose of the action is to compel its restoration. The bridge had a span of more than twenty-five feet and was over a small body of water known as Charlotte creek.

The material allegations of the complaint are that the plaintiff is the owner of a farm of 175 acres located in both towns and on both sides of…