# Berlin Iron Bridge Co. v. Wagner

> New York Supreme Court · July 7, 1890 · 10 N.Y.S. 840

URL: https://www.frixlaw.com/law-library/cases/5499015

## Case

- **Full name:** Berlin Iron Bridge Co. v. Wagner, Sole Commissioner of Highways
- **Court:** New York Supreme Court
- **Decided:** July 7, 1890
- **Citations:** 10 N.Y.S. 840; 64 N.Y. Sup. Ct. 346; 32 N.Y. St. Rep. 407; 57 Hun 346; 1890 N.Y. Misc. LEXIS 1016
- **Precedential status:** Published
- **Opinion:** Concurrence by Learned
- **Judges:** Landon, Learned
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5499015

## Opinion text

Learned, P. J.,
(concurring.) If the vote of the town-meeting authorizing an application to the board of supervisors was not a vote “on the question of raising and appropriating moneys for the construction and maintenance” of this bridge, then, under chapter 259, Laws 1886, amending section 7, art. 1, tit. 2, c. 11, pt. 1, vol. 1, Rev. St., the special town-meeting could not vote upon it legally. If it was a vote on that question of raising money or incurring any town liability, then it should have been by ballot. Chapter 122, Laws 1883.
Mayham, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5499015. Public record. Not legal advice.