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eBook details

• Title: Orem v. Hansen Packing Co.
• Author : Supreme Court of Montana
• Release Date : January 04, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

1. Words and phrases "Bridge". A bridge is defined to be any structure which spans a body of water, or a valley or a road, or the like, and affords a passage or conveyance. 2. Words and phrases — "Toll bridge". A toll bridge is a bridge subject to a toll or fee for passage. 3. Words and phrases — "Tolls". Tolls are the consideration for the use of anothers property. 4. Counties — Bridges between counties. Public bridges crossing between counties must be paid for by each county. 5. Highways — Railroad bridge not part of highway. The Great Northern Railway Companys railroad bridge crossing the river is not part of the highway system and is not under jurisdiction of the county commissioners. 6. Constitutional Law — States — Joint ownership with corporation. Constitutional provision against state or county becoming joint owner with any corporation, or shareholder in any corporation, or from making any donation or grant, by subsidy or otherwise, to any corporation is both mandatory and prohibitory. 7. Constitutional Law — Statutes — Toll statute unconstitutional. Where the only toll bridge crossing the river had never been part of any county, state, or federal highway system, but was property of railway corporation used only occasionally by motorists, statute which designated all toll bridges in state as roads upon which state highway funds might be expended was unconstitutional as local or special law laying out and opening roads. 8. Statutes — Constitution of statute looking to substance. The courts will look to the substance and practical operation of a law rather than its title, form, and phraseology, in determining whether it is a general, rather than a special or local law. 9. Highways — When funds may be expended. State highway funds may be expended only on roads which are a part of the state highway system or federal aided highway system, the construction and maintenance of which is the responsibility of state highway department.

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