Commissioners of Highways v. Commissioners of Highways
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;— heard in that court on writ of error to the Circuit Court of LaSalle county; the Hon. Francis Goodspeed, Judge, presiding.
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Appeal from the Appellate Court for the Second District;— heard in that court on writ of error to the Circuit Court of LaSalle county; the Hon. Francis Goodspeed, Judge, presiding. This was an action brought by the Commissioners of Highways of the township of Dimmick, in the county of La Salle, against the Commissioners of Highways of the township, of Waltham, in the same county, to recover one-half of the cost of a bridge erected across Tomahawk creek, on the town line between the two towns. To the declaration the defendant filed a special plea, in which it was in substance averred, that…
1Opinion of the CourtChief Justice Craig
There is no common law obligation resting on towns to erect or keep in repair bridges within their respective borders, or upon town lines. If adjoining towns are liable to contribute equally to the erection and keeping in repair of bridges on town lines, that liability exists by virtue of our statute. It is contended by appellant that the liability in this ease is imposed by sec. 107, Rev. Stat. 1874, p. 930, which declares: “Bridges over streams which divide towns or counties, and bridges over streams on roads on county or town lines, shall be built and repaired at the equal expense of such…
2Cited by9 opinions
- Brown v. County CommissionersNebraska Supreme Court · 1885
- People ex rel. Corey v. Comrs. of HighwaysIllinois Supreme Court · 1895
- Jefferson County v. St. Louis CountySupreme Court of Missouri · 1893
- Pickens County v. Greene CountySupreme Court of Alabama · 1911
- Commissioners of Union Drainage District v. Commissioners of HighwaysAppellate Court of Illinois · 1900
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