Majority
p. 953In the Matter of the Application of Maria C. Barnes, Respondent, for the Appointment of Commissioners to Ascertain the Damage to Her Property Caused by the Change of Grade on West Main Street in Cuba Village, Appellant.
Judgment affirmed, with costs. All concurred, except Foote, J., who dissented upon the ground that the State and not the village is chargeable with the maintenance of the highway in question, and as the statute[1] imposes the liability for change of grade only upon the municipality chargeable with maintenance, the village in this caso is not liable.
* See Village Law (Consol. Laws, chap. 64; Laws of 1909, chap. 64), § 159, subd. 3.—[Ref,