Highway Commissioners of Rutland v. Highway Commissioners of Dayton

Citations

• 60 Ill. 58

Syllabus

<p>1. Highway commissioners — their official cha/racter. They are a quasi corporation. Suits by, or against them, should be brought in their official, not individual names.</p> <p>2. Towns — ;joint liability. In order to enable a town to compel an adjoining town to contribute to the making or maintaining a bridge over a stream dividing them, under section 18, article 16 of the township organization law, a legal liability to such contribution must be shown.</p> <p>3. Liability — how shown. This may be, by the record of official acts; by acts of possession and control; by the recognition and use of the easement, or in any manner evincing a complete understanding to that effect. The mere use of a bridge or easement, opened by private enterprise or general subscription by the public, creates-no liability.</p> <p>4. But, it seems that if a bridge, built by private means and dedicated to public use, is not indicted as a public nuisance, but, on the contrary, if it be used so much and so long by the public as to evince its usefulness to them, it should not continue to be a burthen to those who built it, and may become a public charge. In such case, facts which do not, of themselves, afford a legal estoppel, or conclusion that there is an acceptance, may be treated as affording proof of acceptance.</p> <p>5. Appropriation — effect of protest. When the people of a township petition for, and the highway commissioners recommend, a tax to repair such bridge, but protest against being further liable, and the county supervisors levy a tax and appropriate monej' for the purpose prayed for, the act, coupled with the want of authority to repair other than public highways, would seem to be a recognition, notwithstanding the protest.</p> <p>6. INSTRUCTIONS. It is error to instruct the jury that certain facts constitute acceptance, facts being proper for the consideration of the juiy.</p> <p>7. Measure op damages. Liability being established, the town which made the repairs, and paid o