207 N.W. 624 | Minn. | 1926
1. In Malmberg v. County of Hennepin,
On August 6, 1923, the county board entered into a contract with the engineers who had designed and supervised the construction of the bridge to do engineering work in connection with the approaches. The work was completed and the engineers were paid. The plaintiffs clam that the approaches, which were of a length of some 4 3/4 miles, were a part of the connecting highways — not an integral part of the bridge; that the engineering work should have been done by the county surveyor; and that the board was without authority to employ additional engineering service.
County boards have by statute general supervision of county roads. G.S. 1923, § 2565. Under such a statute it has been held that the county board may employ such agents as are necessary to oversee and inspect work upon the highways for which it appropriates moneys. Armstrong v. Board,
The approaches, though parts of public highways, and though it is alleged that they are not an integral part of the bridge, have a necessary and definite relation to the bridge. Under such *263 circumstances, considering the duties with which the board is charged and the powers given it in the construction of highways, and its general authority to employ help for county offices, we ought not to hold that the employment of the engineering services was beyond its authority. In reaching this result we confine ourselves to the facts alleged. In its argument the county at times states or assumes facts which the complaint does not allege, and these we ignore.
2. If it be urged that the help furnished the county surveyor, under the statute cited, should have been furnished through his office, or upon his request, the answer is that the failure to do so is no more than an irregularity of which advantage cannot be taken after the contract is completed and the county has received the benefit. Bell v. Kirkland,
Order affirmed.