136 Mich. 697 | Mich. | 1904
On the 21st of December, 1895, plaintiff was injured by the fall of a bridge over which he was traveling in defendant township. He brought this suit to
If this argument is sound and based on correct premises, the consequences are startling. It opens a method by which any township in the State may voluntarily relieve itself from or greatly lessen its statutory obligation. In the view we take of the case, it is unnecessary to pass upon the soundness of this argument, because, in ourjudg
“ The commissioner of- highways shal} have the care of the building, rebuilding, and repairing of all bridges within his township, and in cases where it shall be necessary for the public safety to build, rebuild, or repair any bridge within his township, where the cost in any case shall be over fifty dollars, he shall proceed, as soon as may be, to let by contract, pursuant to section three of chapter eleven of this act. * * * Provided, that nothing in this section shall prevent the overseers of highways of the several road districts in the State, from expending any delinquent highway or commutation money or labor in the construction, repair, and maintenance of bridges in such districts.”
Section 4160 provides for the payment for the labor performed, materials furnished, and other expenses incurred under the above section; and section 4131 provides for raising a fund where the expenditure in building bridges exceeds $1,000.
It is scarcely necessary to say that the authority given in these sections, extending, as it does, to ‘ ‘ all bridges” in the township, applies where the township has adopted the method of maintaining highways and bridges by labor of its inhabitants. It results from these sections that the commissioner of highways, a township official, and not the overseer of the road district, is charged with the duty
It may also be said, in our judgment, that section 3 of' the act creating municipal liability in cases of this character (see section 3443, 1 Comp. Laws) gave defendant adequate means and authority to repair this bridge. That section reads:
“ It is hereby made the duty of townships * * * to keep in reasonable repair, so that they shall be reasonably safe and convenient for public travel, all public highways, streets, bridges, * * * and culverts that are within their jurisdiction and under their care and control, and which are open to public travel; and, when the means now provided by law are not sufficient, * * * such township * * * is hereby authorized to levy such additional sum * * * as will enable such township * * * to keep its public highways, "streets, bridges, * * * and culverts in good repair at all times.
“Highway commissioners, street commissioners, and all other officers having special charge of-highways, streets, bridges, * * * • and culverts, and the care or repairing thereof, are hereby made and declared, to be the officers of the township * * * wherein they are elected or appointed, and shall be subject to the general direction of such township * * * authorities in the discharge of their several duties.”
It is contended that this section does not apply, because, in townships maintaining their highways by labor, the bridges are not under their care and control, because they are under the control of the overseer of the distinct'. But, as we have already seen, the bridges in such townships are by section 4129 placed under “the care of the com
Defendant contends that “the provisions of this section (3443) are mere idle words, as applied to townships and highway officers, when highway taxes are collected in labor,” because “any increase in the highway taxes of such township remains payable in labor, which may all be required by August 1st in each year.” Neither section 3443, nor the act of which it is a part, indicates that the sum therein authorized to be levied is payable in labor, and defendant’s contention furnishes the strongest kind of an argument that it is not so payable. If the assumption that it is so payable prevents, as defendant contends, a township keeping “ its public highways, streets, bridges, and culverts in good repair at all times,” then we are bound to assume, in order that the legislative purpose may be accomplished, that it is payable in money.
It is also urged that section 3443 does not aid because, no matter how much is raised under it, “it authorizes nothing, after the annual town meeting, for the then present year.” By this we understand that it is claimed that the tax levied under this section in one year would not be available until after the tax was paid at the end of the year; that is, as applied to this case, the tax levied under this section in 1895 would not be available until 1896. It •is to be borne in mind, however, that this section has been a part of the law since 1887. It authorizes a township to raise by tax sufficient money each year to answer all requirements until the tax of the following year is available. While it may be said that the defendant township could not, in the year 1895, raise the money, under this section, needed for the repairs in question, authority was given to raise that money in 1894.
It is to be observed that we are not dealing with the question of whether the defendant township properly exercised its statutory authority, — and, if it did not, defendant
“ If a large majority of the people of the township who passed over the bridge did not observe any defect in it, it cannot be said that the defect was so apparently visible as to give the township notice of its existence.”
These alleged errors, if errors they were, are proved to be harmless by the fact that the jury, by their answers to special questions, found that the defect was visible to persons traveling over the bridge, and was generally known in the township prior to the accident.
Complaint is made of the refusal of the trial court to give other requests of defendant, and of the general charge. Many of these requests should not have been given. Such as should were covered by the general charge, which was fair to defendant, and a clear statement of the law applicable to the case.
We have examined the other errors relied on. We do not think they are well grounded, or that they demand ¡discussion.
The judgment is affirmed.