State ex rel. Houck v. Morris
Supreme Court of Iowa
Appeal from Adams District Court. The petition alleges in substance that, in September, 1875j a bridge eighty-four feet in length over the Middle Nodaway River, on a legally laid out public road, fell down, and that plaintiff demanded in writing of the defendants, members of the Board of Supervisors of Adams county, that the bridge be repaired, and fixed the estimate for the same at six hundred dollars; that defendants refused, to make any appropriation for the repair of…
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Appeal from Adams District Court. The petition alleges in substance that, in September, 1875j a bridge eighty-four feet in length over the Middle Nodaway River, on a legally laid out public road, fell down, and that plaintiff demanded in writing of the defendants, members of the Board of Supervisors of Adams county, that the bridge be repaired, and fixed the estimate for the same at six hundred dollars; that defendants refused, to make any appropriation for the repair of said bridge; that, the highway and bridge are of great public utility, and of private benefit to petitioner; that plaintiff…
1Opinion of the CourtDay, J.
The board, of supervisors have the general supervision over the highways in a county, with power to establish and change them, as by law provided. Code, section 920. Bridges erected or maintained by the public constitute parts of the highways. Code, section 1001. It cannot be doubted that the board of supervisors may in their discretion erect or refuse to erect a new bridge.
If no bridge had ever been erected at the point in question, it would scarcely be claimed that at the suit of a private individual the board could be compelled to construct one. The case at bar is not different in…
2Cited by6 opinions
- Denny v. Des Moines CountySupreme Court of Iowa · 1909
- McCarl v. Clarke CountySupreme Court of Iowa · 1914
- Miller v. HannaSupreme Court of Iowa · 1936
- Leonard v. WakemanSupreme Court of Iowa · 1903
- Griebel v. Board of SupervisorsSupreme Court of Iowa · 1925
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