Town of Madison v. County of Dane

¶ 47. (dissenting). I agree with the lead opinion that this case turns on the interpretation of the statutory phrase, "bridge on a highway maintainable by the town," found *428in Wis. Stat. § 81.38(1),1 now Wis. Stat. § 82.08(1).2 However, the lead opinion concludes that a highway must be constructed before the bridge is constructed in order for the bridge to come within the identified statutory phrase from § 81.38(1).3

¶ 48. In my view, the phrase, "bridge on a highway maintainable by the town," identifies a type of bridge by describing the relationship of the bridge to the highway of which it…