146 N.Y. 107 | NY | 1895
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The important question in this case is whether, under the Highway Law, a county is bound to contribute to the expense of a free public bridge constructed by a town wholly within its bounds, and not crossing border lines, when the whole cost exceeds one-sixth of one per centum on the assessed valuation of the taxable property of the town. The question depends upon the true construction of section
At the time of the passage of the act of 1890 the compulsory obligation of a county to aid in the construction of bridges was limited to bridges across county boundaries. From the foundation of the state government the duty of maintaining highways and bridges has been cast on the towns, and not, as in England, upon counties. But from time to time special statutes were passed changing the rule in special cases. (See Hill v. Supervisors,etc.,
There are some technical questions raised by the defendant: (1) It is claimed that the bridge being within the village of Addison, although the village is within the town, it was not a town bridge within the statute. The answer is that by the village charter (Laws of 1873, chap. 200) the bridges over the Canisteo river and Tuscarora creek are excepted from the jurisdiction of the village authorities and are placed under the direction and control of the commissioners of highways of the town, "to the same extent as if the act had not been passed." (2) We think the claim presented to the supervisors *116 sufficiently indicated that the claim was made in behalf of the town of Addison for an expenditure made by the town in erecting a free public bridge in the village and town of Addison under the authority of the town. If there was any technical informality, or any incompleteness in the proof presented to the board of supervisors, the rejection of the claim was placed on the broad ground that the claim was not one which in its nature created a legal charge against the county.
We find no error which calls for a reversal of the order, and upon the main and important question we concur with the courts below.
The judgment and order should be affirmed, with costs.
All concur, except HAIGHT, J., not sitting.
Judgment affirmed.