State Highway Commission v. American Mutual Liability Insurance

The opinion of the court was delivered by

Dawson, C. J.:

This is an appeal from a judgment overruling a demurrer to a petition in which the state highway commission seeks to recover damages for the destruction of a bridge on a public highway.

The petition alleged that heretofore, about 1900, a bridge of steel and wood was constructed at public expense over Buffalo creek on a public road in JeWell county. This bridge was adequate to carry the traffic of that time; but it was not designed to carry the heavy motor traffic of 1934, by which time the bridge and road of which *188it was an integral part…