Bissey v. City of Marion

The opinion of the court was delivered by

Mason, J.:

M. G. Bissey and Robert C. Campbell brought an action against the city of Marion and its commissioners for a mandatory injunction to compel putting a bridge in condition for travel. A demurrer to the petition was sustained, and the plaintiffs appeal.

According to the allegations of the pleading, the bridge was built in 1908 over a creek where it crosses Maple street. Previously, lower bridges had'been maintained there, but had been washed away by floods, in each instance being shortly replaced. The present bridge was built under an agreement…