Langley v. Brown

The railroad has performed its statutory duty by providing a bridge which measures up to the statutory test (P. L., -c. 249, s. 1) of suitability for travel thereon. The city desires a bridge which will furnish more ample provision for traffic. It is conceded that while the bridge passes the statutory test it is lacking such provision for the accommodation of travel as that afforded by adjacent parts of the highway. It is also conceded that in the construction of these other parts of the highway authority to expend public funds has not been exceeded, and that if the bridge in question were…