39-827. Bridges in or near two or more counties; construction and repair; cost; division.

Bridges over streams which divide counties, bridges over streams on roads on county lines, and bridges over streams near county lines, in which both counties are equally interested, shall be built and repaired at the equal expense of such counties.

Source

Annotations

1. Liability of counties

2. Notice

3. Mandamus to compel repairs

4. Miscellaneous

1. Liability of counties

County is liable for one-half of cost of bridge entirely washed away, including approaches, grading, etc., essential to proper construction, although previously notified only that repairing was necessary. Keya Paha County v. Brown County, 99 Neb. 305, 156 N.W. 507 (1916); Brown County v. Keya Paha County, 88 Neb. 117, 129 N.W. 250 (1910).

Liability of counties, separated by stream, in absence of contract, is fixed by statute existing at time of repairs. Buffalo County v. Kearney County, 95 Neb. 439, 145 N.W. 985 (1914).

Liability of adjoining counties for repairs depends upon statute in force when repairs are made and liability incurred. Buffalo County v. Hull, 93 Neb. 586, 141 N.W. 154 (1913).

A county may be required to contribute toward the repair of a bridge abutting in such county although it is located mainly within the territorial jurisdiction of an adjoining county. Dodge County v. Saunders County, 70 Neb. 442, 97 N.W. 617 (1903).

One county cannot build or repair bridge and enforce contribution from another, in the absence of special agreement to build, or refusal to enter into contract for repairs. Saline County v. Gage County, 66 Neb. 839, 92 N.W. 1050 (1902), 97 N.W. 583 (1903).

2. Notice

Notice to repair does not fix liability for building new bridge. Colfax County v. Butler County, 83 Neb. 803, 120 N.W. 444 (1909).

Notice must be specific. Buffalo County v. Kearney County, 83 Neb. 550, 120 N.W. 171 (1909); Dodge County v. Saunders County, 77 Neb. 787, 110 N.W. 756 (1906).

3. Mandamus to compel repairs

Where there are not sufficient funds to repair all bridges, court will not by mandamus control discretion of county board to determine what bridges will be repaired. State ex rel. Ellis v. Switzer, 79 Neb. 78, 112 N.W. 297 (1907).

Mandamus does not lie unless notice was given to other county. State ex rel. Sumption v. Smith, 77 Neb. 1, 108 N.W. 173 (1906).

Mandamus lies to compel board to contribute to repairs of county bridge when notice is given according to law. Iske v. State, 72 Neb. 278, 100 N.W. 315 (1904).

4. Miscellaneous

Word stream is used in general sense, and applies to rivers and smaller running watercourses. Dawson County v. Phelps County, 94 Neb. 112, 142 N.W. 697 (1916).

Needful repairs does not include new steel repairs. Platte County v. Butler County, 91 Neb. 132, 135 N.W. 439 (1912).

A stream, as used in this section, includes rivers and smaller courses of running water. Dodge County v. Saunders County, 70 Neb. 451, 100 N.W. 934 (1903).