Commissioner of Highways v. Willard

This ease involves the liability of the township of Paw Paw for the repair of bridges within the corporate limits of the village of Paw Paw. There is a bridge on one of the highways of the village over a race belonging to Willard, whose duty it was to keep it in repair. He failed to perform this duty, and the highway commissioner proceeded to repair the bridge, and then sued Willard under the act of 1855. Compiled Laws 1871, §§ 1309-1812. The defense is that the obli*628gation to repair the bridge when the owner of the race neglects, is on the village, and that the highway commissioner of the…