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In re Barnes

151 N.Y.S. 1103 Court N.Y. App. Div. Decision date 1915-03-03 English

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p. 1103
In re BARNES.
(Supreme Court, Appellate Division, Fourth Department.
March 3, 1915.)

Headnote

In the matter of the application of Maria C. Barnes as to change of grade of a street in the village of Cuba, N. Y.

Judgment affirmed, with costs.

FOOTE, J., dissents, upon the ground that the state, and not the village, is chargeable with the maintenance of the highway in question, and, as the statute imposes the liability for change of grade only upon the municipality chargeable with maintenance, the village in this case is not liable.