51 N.Y. 470 | NY | 1873
Several questions are raised by the counsel for the appellant, each of which he regards as involved in this case, and respectively of such merits as entitle his clients to *473
a reversal of the judgment appealed from, each of which I will consider in its order. The first is that no jurisdiction was conferred upon the commissioner of highways to act in the premises. The application, instead of being made, in the language of the statute, by persons "liable to be assessed for highway labor" in the town, was by the "taxable inhabitants" thereof. Without regard to the question whether the words "taxable inhabitants," substituted for the words "persons liable to be assessed for highway labor," vitiated the application, a sufficient answer to the question raised is that an application to the commissioner by persons liable to be assessed for highway labor in the town to discontinue the road was not necessary to the right of the commissioner to discontinue it. (The People v.The Supervisors of Richmond,
All concur.
Judgment affirmed. *476