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MATTER OF VILL. OF DRESDEN v. COUNTY OF YATES

302 N.Y. 415 (1951)

In the Matter of the Village of Dresden, Yates County, et al., Respondents, v. County of Yates et al., Appellants.

Court of Appeals of the State of New York.

Decided April 13, 1951

Attorney(s) appearing for the Case

Homer C. Pelton for appellants.

Paul Reed Taylor for respondents.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Per Curiam.

Subdivision 6 of section 231 of the Highway Law enjoins upon appellants in the circumstances of this case the duty to rebuild the bridge (see Town of Easton v. Canal Bd., 216 N.Y. 486; People ex rel. Keene v. Board of Supervisors, 142 N.Y. 271). The fact that the county superintendent has recommended abandonment of the bridge pursuant to subdivision 11 of section 231 does not excuse appellants...

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