State ex rel. Harper v. Commissioners of Ashtabula Co.

Citations

• 18 Ohio C.C. Dec. 212
• 7 Ohio C.C. (n.s.) 469

Syllabus

<p>BRIDGES — COUNTIES—NAVIGABLE STREAMS.</p> <p>Cook, Burrows and Laubie, JJ.</p> <p>1. Secretary op Wab cannot Compel Removal op Established County Bkidqe, when.</p> <p>The secretary of war has no authority to order and compel the commissioners of a county to remove an established bridge over a navigable river wholly within the limits of the state and rebuild it in such a manner as to change the course of such river by straightening the same at the point in question, and throwing the channel fifty feet to the east.</p> <p>' 2. Nob Compel Commissioners to Tear it Down without Compensation.</p> <p>Such secretary cannot require commissioners to tear down such bridge upon the ground that it is an unreasonable obstruction to the free navigation of such river without tendering compensation therefor,</p> <p>g. Injunction Lies to Restrain Removal op County Bkidse, when.</p> <p>The bridge in question having been lawfully erected by the county of Ashta-bula over a navigable stream wholly within such county, and before the congress attempted to confer authority upon such secretary to regulate the construction of bridges, the courts of the state have jurisdiction over such bridges and may enjoin the commissioners' of such county, on the petition of a taxpayer, from carrying out such order of such secretary, and from tearing down and removing such bridge and building a new and different one in its place, and changing the channel of such stream, and from issuing bonds and levying a tax to pay the expense thereof.</p> <p>[Syllabus by the court.]</p>