83 P. 598 | Idaho | 1905
— Plaintiff filed its complaint alleging that it is a corporation. It is shown a stream known as Sand creek runs through the village of Sand Point, and that there is a bridge across said stream connecting the streets at either end of the village. This -bridge, it is alleged, is four hundred and fifty feet long, sixteen feet wide, inclusive, and fourteen and one-half feet in width within the railing, and from fifteen to twenty feet high. It is built of wood and ^is a principal highway connecting the east with the
On the seventeenth day of April, 1905, the demurrer having theretofore been submitted to the court, a judgment was entered'first finding “that the said amended complaint does not state facts sufficient to constitute a cause of action or a
In this case it is not disputed that the bridge connecting the two streets of said Sand Point is a part of the public thoroughfare and is within the corporate limits of said village, hence with the same construction given our laws governing cities and villages as is shown in Carson v. City of Genessee, we must conclude that the village of Sand Point has complete and exclusive control over the bridge crossing Sand creek, with the duty imposed upon it by law of keeping it in repair and at all times safe and convenient for the accommodation of the traveling public. Since we have reached this conclusion, the question arises as to who would be liable for any damage or injury resulting from an accident caused by the erection of the building of respondent in close proximity to said bridge and connecting therewith by a platform. In our view of the law, the village is responsible for the condition of this bridge and any and every thing connected therewith. In case an injury should occur to anyone resulting from an accident occasioned by the construction of the platform connecting with the bridge, if it could be shown that the accident occurred on the right of way or street of appellant, under our holding in Carson v. City of Genessee, the city could be made to respond in damages, and we have no disposition to change the construction given our laws governing the questions involved in that case and this.
We think the demurrer should have been" overruled. The judgment is reversed and cause remanded to the lower court for such further proceedings as is consistent with this opinion. Costs awarded to appellant.