State ex rel. County of Dawson v. Dawson County Irrigation Co.

This is a proceeding in mandamus to compel respondent to repair certain bridges, constructed by it over its irrigation ditches and laterals where they intersect and cross public highways in Dawson county. Relator was given the relief it sought. From the judgment granting that relief respondent has appealed.

The facts are not in dispute. The controversy hinges on the validity of section 46-619, Comp. St. 1929. Respondent contends that said section relieves it of the duty of keeping the bridges in question in repair and safe for public use, and that the duty to make such repairs rests upon…