39-832. Defective bridge; repairs; when made.

217 words·~1 min read·/ne/chapter-39/39-832

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

It shall then be the duty of such member of the county board, within twenty-four hours after service of such notice, to commence to make suitable repairs to such highway or bridge, and to place it in a safe condition for travel.

Mandamus will not lie to compel rebuilding of bridge when funds are exhausted. State ex rel. Heil v. Jakubowski, 151 Neb. 471, 38 N.W.2d 26 (1949).

Duty may be enforced by mandamus. State ex rel. Enerson v. County Commissioners of Boone County, 102 Neb. 199, 166 N.W. 554 (1918).

Party crossing bridge on public road, without notice of its dangerous condition, has right to assume that it is safe for people of various occupations of locality. Kovarik v. Saline County, 86 Neb. 440, 125 N.W. 1082 (1910).

This section refers to such repairs as can be made immediately. State ex rel. Sumption v. Smith, 77 Neb. 1, 108 N.W. 173 (1906).

Precinct bridge becomes part of public road and county must repair on notice. State ex rel. Pankonin v. County Commissioners of Cass, 58 Neb. 244, 78 N.W. 494 (1899); Dutton v. State ex rel. Pankonin, 42 Neb. 804, 60 N.W. 1042 (1894).

County is liable even without notice of unsafe condition of bridge. Raasch v. Dodge County, 43 Neb. 508, 61 N.W. 725 (1895).