§ 247 — Refusal to repair bridges

New York § 247

• Jurisdiction: New York
• Law HAY: Highway
• Art. 9: Bridges

Text

§ 247. Refusal to repair bridges. Whenever any such bridge shall have\nbeen or shall be so out of repair as to render it unsafe for travelers\nto pass over the same, or whenever any such bridge shall have fallen\ndown, or been swept away by a freshet or otherwise, if the town\nsuperintendent of the adjoining town or towns, after reasonable notice\nof such condition of the bridge, have neglected or refused, or shall\nneglect or refuse to repair or rebuild it, then whatever funds have been\nor shall be necessarily or reasonably laid out or expended in repairing\nsuch bridge or in rebuilding the same, by any person or corporation,\nshall be a charge on such adjoining town or towns, each being liable for\nits just proportion; and the person or corporation who has made such\nexpenditure, or shall make such expenditures, may apply to the supreme\ncourt, at a special term, for an order requiring such towns severally to\nreimburse such expenditures, which application shall be made upon papers\nto be served upon the town superintendents of such towns at least eight\ndays prior thereto; and the court may grant an order requiring each\nadjoining town or towns to pay its just proportion of the expenditure,\nspecifying the same; and the town superintendent of each of such towns\nshall forthwith serve a copy of such order upon the supervisor of each\nof their towns, who shall present the same to the board of supervisors,\nat their next annual meeting. The board of supervisors shall raise the\namount charged upon each town by the order, and cause the same to be\ncollected and paid to such persons or corporation as incurred the\nexpenditure. The order shall be appealable.\n