County of Tattnall v. Newton

A mule was injured by reason of a decayed plank in a bridge spanning a stream in Tattnall county and constituting a portion of a public road of the county which crossed this stream. Newton, the owner of the mule, brought an action against the county and had a recovery. The case comes to this court upon three questions, two of law and one of fact.

1. The first legal question may be thus stated: Where an ordinary in charge of the county roads agrees with the citizens of a given community, who desire the erection of a bridge over a stream at a *780place crossed by a public road, that if they will…