Sigafoos, Drake v. (Minn.). v. Singleton, Good v. (Minn.).. Sioux Falls Nat. Bank, Knapp Skinner, Travis v. (Mich.). Sooysmith, Benbow v. (Io.).. South Omaha Land Syndicate, Lipp v. (Neb.)..... State v. Harshaw (Wis.). State v. Huff (Io.).... State v. Johnson (Minn.). State v. Kuehner (Io.).. Stocking v.St. Paul Trust Co.(Minn.) 365 587 Stockman, Morse v. (Wis.)...... 234 Stone, Begole v. (Mich.)... 679 171 575 Stowell, Holdridge v. (Minn.)...... 259 214 Strolberg v. Brandenberg (Minn.).. 356 321 Sturgis v. Detroit, G. H. & M. Ry. 398 Co. (Mich.) 21 Stutz v. Chicago & N. W. Ry. Co. (Wis.).. 914 591 653 State v. Madison Street Ry. Co. (Wis.) 487 For tables of Northwestern Cases in State Reports, see the colored pages at the end of the index, at the back of this volume. These take the place of all the similar tables sent with the preceding volumes. THE Northwestern Reporter. VOLUME XL. DELTA LUMBER Co. v. Board of AUDITORS et al. (Supreme Court of Michigan. October 19, 1888.) BRIDGES LIABILITY OF COUNTY. A county in Michigan is not required to maintain or repair a bridge, as that duty belongs to the township in which it is situated, under How. St. Mich. § 1445, though on two occasions, many years previously, the legislature by special act authorized the county to rebuild the bridge when destroyed by freshets, and appropriated funds and land to assist in the work. Application for mandamus. The Delta Lumber Company presented an application for a mandamus requiring the boards of supervisors and auditors of Wayne county to maintain a bridge over the Rouge river. Moore & Moore, for relator. MORSE, J. Application for mandamus. The relator is a corporation existing under our laws, and has its principal office in Detroit. It is the owner of a tract of land in the township of Springwells, in Wayne county, fronting on what is known as the "Monroe Road." Here it has a planing-mill and lumber-yard and dock, and is engaged in the manufacture and sale of lumber. A public highway runs from the city of Detroit to the city of Monroe, known as the "Monroe Road," and between the townships of Ecorse and Spring wells it passes over the river Rouge. This highway was originally a territorial road, and was built, constructed, and used before the year 1816, and has been, from that time until the present, and is still, used as a public road. The river Rouge is a navigable stream, and the bridge upon the Monroe road is a drawbridge. At the present time there is no public authority operating this bridge, and private parties for some time have been operating it by voluntary subscriptions. The relator claims that it is the duty of the county of Wayne to maintain and operate this bridge, and asks for a mandamus to compel such maintenance and operation. The facts in relation to the building, maintenance, and operation of this bridge in the past are as follows: About the year 1816, Solomon Sibley, Henry J. Hunt, and Benjamin Woodworth were granted a franchise for a toll-bridge over the Rouge on this road. This franchise ran 25 years from December 16, 1816. The bridge was required to be built so as to permit the passage of boats without masts, and to contain a draw, through which all vessels with masts, which could not be unshipped, ascending or descending the river, might pass. It was made the duty of the grantees of this franchise to keep the draw, and open it, when necessary, for the passage v.40N.w.no.1-1 |