Board of County Commissioners v. Board of County Commissioners

Citations

• 98 Kan. 389
• 157 P. 1180
• 1916 Kan. LEXIS 93

Syllabus

<p>SYLLABUS BY'THE COURT.</p> <p>1. Bridge — On County Line — Must be Maintained by Both Counties — : Mandamus. Where two counties unite in building a bridge over a navigable river which divides them the expense of maintaining and repairing the same must be borne by both counties in the proportion fixed by the statute, and where the board of county- commissioners of one of the counties refuses to unite in making the necessary repairs, upon plans and specifications approved by the public utilities commission as it is its duty to do, mandamus may issue to compel the performance of that duty.</p> <p>2. Same — County-line Bridge — Neither County Qan Abandon Its Main*■ tenance. The board of county commissioners of one of the counties can not abandon the maintenance of a bridge So jointly constructed, and cast the entire expense of maintenance and repair on the other merely because the commissioners think it is unnecessary or that the repairs are impracticable and burdensome. .</p> <p>3. Same — County-line Bridge — No Funds Available for Repairs — Procedure by Commissioners Directed. As the testimony shows that the bridge funds now available to the defendant board are insufficient tó pay its share of the expense of making the repairs, the writ will issue directing it to unite with plaintiff and take the steps that may be taken at this time by appointing a commissioner to supervise the work, and by raising the funds necessary to pay its share of the expense of making the repairs.</p>