N.Y. Highway Law § 247: Refusal to repair bridges

§ 247. Refusal to repair bridges. Whenever any such bridge shall have

been or shall be so out of repair as to render it unsafe for travelers

to pass over the same, or whenever any such bridge shall have fallen

down, or been swept away by a freshet or otherwise, if the town

superintendent of the adjoining town or towns, after reasonable notice

of such condition of the bridge, have neglected or refused, or shall

neglect or refuse to repair or rebuild it, then whatever funds have been

or shall be necessarily or reasonably laid out or expended in repairing

such bridge or in rebuilding the same, by any person or corporation,

shall be a charge on such adjoining town or towns, each being liable for

its just proportion; and the person or corporation who has made such

expenditure, or shall make such expenditures, may apply to the supreme

court, at a special term, for an order requiring such towns severally to

reimburse such expenditures, which application shall be made upon papers

to be served upon the town superintendents of such towns at least eight

days prior thereto; and the court may grant an order requiring each

adjoining town or towns to pay its just proportion of the expenditure,

specifying the same; and the town superintendent of each of such towns

shall forthwith serve a copy of such order upon the supervisor of each

of their towns, who shall present the same to the board of supervisors,

at their next annual meeting. The board of supervisors shall raise the

amount charged upon each town by the order, and cause the same to be

collected and paid to such persons or corporation as incurred the

expenditure. The order shall be appealable.