Board of Commissioners v. City of Wyandotte
Supreme Court of Kansas
Error from, Wyandotte District Court. October 8, 1881, the City of Wyandotte presented to the Board of Commissioners of Wyandotte County a claim for repairing the iron bridge over the Kansas river, amounting to $223.17. On that day the bill was rejected by the county commissioners, and thereafter an appeal was taken to the district court of Wyandotte county.
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Error from, Wyandotte District Court. October 8, 1881, the City of Wyandotte presented to the Board of Commissioners of Wyandotte County a claim for repairing the iron bridge over the Kansas river, amounting to $223.17. On that day the bill was rejected by the county commissioners, and thereafter an appeal was taken to the district court of Wyandotte county. On the 30th day of December, 1881, the case came on to be heard before the district court upon the following agreed statement of facts: “1. That the plaintiff the city of Wyandotte, is a municipal corporation, a city of the second class,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The fact that the bridge was built by the county and is the property of the county, would seem to carry with it as an incident, the right of the county to take care of, preserve and control it, unless the legislature by enactment has directed otherwise. (State v. Supervisors, 41 Wis. 28.) An examination of the statute demonstrates that this power is not interfered with by the statute, but on the other hand, express authority is given counties to repair bridges and make appropriations therefor.
Sec. 17, ch. 16, Comp. Laws 1879, reads as…
2Cases cited2 opinions
- Board of Commissioners v. RiggsSupreme Court of Kansas · 1880
- State ex rel. Neeves v. Supervisors of Wood CountyWisconsin Supreme Court · 1876
3Cited by5 opinions
- City of Eudora v. MillerSupreme Court of Kansas · 1883
- Board of Commissioners v. City of TopekaSupreme Court of Kansas · 1888
- State ex rel. Dawes v. Board of County CommissionersSupreme Court of Kansas · 1896
- Kansas City Bridge & Iron Co. v. Board of County CommissionersSupreme Court of Kansas · 1886
- Nand v. City of NewtonSupreme Court of Kansas · 1897