Franklin County v. Wilt & Polly
Nebraska Supreme Court
Appeal from the district court for Franklin county: Harry g. Dungan, Judge.
1Opinion of the CourtRoot, J.
This is a mandamus proceeding to compel the respondents to construct a bridge at the intersection of their mill-race and a highway. The writ was issued, and the respondents appeal.
The facts, in so far as they are disclosed by the record, are undisputed. The raceway in question was constructed by the respondents’ grantor in 1873 upon premises owned by him in fee simple. In 1880 a highway was laid out so as to intersect said raceway. A bridge subsequently constructed by the county in the highway and over the raceway has been continuously used by the public, but is now out of repair.
In 1887 the…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Eyler v. County CommissionersCourt of Appeals of Maryland · 1878
- City of Denver v. MullenSupreme Court of Colorado · 1884
- The City of Oswego v. . the Oswego Canal CompanyNew York Court of Appeals · 1852
- State ex rel. Lancaster County v. C., B. & Q. R.Nebraska Supreme Court · 1890
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3Cited by6 opinions
- Richardson County ex rel. Sheehan v. Drainage District No. 1Nebraska Supreme Court · 1913
- State ex rel. County of Dawson v. Dawson County Irrigation Co.Nebraska Supreme Court · 1934
- State ex rel. O'Shea v. Farmers' Irrigation DistrictNebraska Supreme Court · 1915
- State ex rel. Hutter v. Papillion Drainage DistrictNebraska Supreme Court · 1911
- Dawson County v. Dawson County Irrigation Co.Nebraska Supreme Court · 1920
1 more not listed; retrieve them via the Exa API.