Tifet v. Alley

Headnote

Highways on town lines—m'eetion and repair of bridges.

A road running on the dividing line between two towns — V. and M.— having been laid out by the commissioners of highways of said towns, conformably to the statute, was by them divided into two road districts and one of such districts allotted to the town of V., and the other to the town of M. Held, that for the expenses of erecting and keeping in repair a bridge over a stream crossing the road in the district allotted to the town of V., that town was alone liable, and that the town of M. was not bound to contribute thereto. 1 E. S. 17, § 75.

Sela, also, that the road district which included such bridge was within the exclusive jurisdiction of the highway commissioners of the town of V.; and that the construction and repair of the bridge did not require the co-operation of, two sets of highway commissioners.

The provisions of the statutes relating to bridges between towns bounded by a river or stream (Laws 1841, chap. 225 ; 1858, chap. 689), have no application to a bridge situated like the one in question, upon streams intersecting the town line at right angles, and intermediate between the exterior lines of a road district.

Appeal from an order of the Cayuga county court denying a motion for a new trial after a judgment in favor of plaintiff. The action was brought by John Tifft and others, commissioners of highways of the town of Venice, against Joseph Alley, commissioner of highways of the town of Moravia, to recover one-half of the price of erecting a bridge over a stream crossing a road upon the dividing line between said towns.