Cascade County v. City of Great Falls
Montana Supreme Court
Appeal from Eighth Judicial District, Cascade County. Action to determine the liability of the city for repairs on a bridge within the city limits. Submitted on an agreed statement of facts. J udgment was rendered for the county by Benton, J. Statement of the case by the court. The controversy for determination is whether the city of Great Falls or the county of Cascade is liable to repair and maintain a wagon bridge spanning the Missouri river in that city.
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Appeal from Eighth Judicial District, Cascade County. Action to determine the liability of the city for repairs on a bridge within the city limits. Submitted on an agreed statement of facts. J udgment was rendered for the county by Benton, J. Statement of the case by the court. The controversy for determination is whether the city of Great Falls or the county of Cascade is liable to repair and maintain a wagon bridge spanning the Missouri river in that city. The case was submitted to the district court upon an agreed statement of facts, as provided by statute. The court rendered a judgment in…
1Per curiam
When the bridge was purchased by the county from the private corporation, it was made a free public bridge. A public bridge is part of the highway. (11 Am. & Eng. Ency. Law, 541; Elliott, Roads & S. p. 21, et seq.; Morrill, City Neg. p. 69, et seq., and numerous cases cited in these text books.)
We are of opinion that the statutes quoted in the statement foregoing are decisive of this case. A bridge, -being a part of the street, cannot be in any road district established by the county, nor can it be under the control of any county officer. (Compiled Statutes, div. 5, § 435.) It is within the…
2Cited by5 opinions
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- Headley v. Hammond Building, Inc.Montana Supreme Court · 1934
- Oliver v. NewbergOregon Supreme Court · 1907
- Bruce v. City Council of GreenvilleSupreme Court of South Carolina · 1911