Ohio & Mississippi Railway Co. v. Town of Bridgeport

This is an action of assumpsit to recover for money laid out and expended for the building of a bridge across a creek which runs parallel to the track of the railroad in the town of Bridgeport. The bridge is part of a public highway which is the main street of the village, crossing the right of way of the railway company. At the time the railroad was built, in 1854, there was a bridge over the creek at the place in question. At that time, the distance from the nearest bank of the creek to the nearest rail laid on defendant’s track was about thirty feet, and the track was about ten feet above…