State ex rel. Roundtree v. Board of Commissioners

— It was held in The State, ex rel., v. Demareer post, p. 519, that the statute imposes upon the county commissioners the duty of keeping public bridges in repair, and that mandamus will lie to compel the performance of that duty. This decision disposes of one of the principal questions in the case before us.

There are two questions presented in the case at bar which were not directly presented in the former. They are:

1st. Does the duty to repair extend to replacing or rebuilding, where there is a substantial destruction of the original bridge ?

2d. Is the county bound to repair in cases where…