State ex rel. Downer v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, C. J.:

The state brought this action in mandamus to require the board of county commissioners of Kearny county to contribute to the cost of erecting a bridge across the Arkansas river. The bridge is a part of the north-and-south county-line highway between Kearny and Hamilton counties, although the situs of the highway where the bridge was erected was not exactly on the county line, but at some distance west of it. This latter fact, however, was merely due to engineering problems of highway and bridge construction in that locality.

In its…