BRIDGE. A structure erected over a river, creek, stream, ditch, ravine, or other place, to facilitate the passage thereof; includ in g by the term both arches and abutments. 3 Harr. N. J. 108; 15 Vt, 438.
Bridges are either Miblic or private. Public bridges are such as form a part of the highway, common, according to their character as foot, horse, or carriage bridges, to the public generally, with or without toll, 2 East, 342; though their use may be limited to particular occasions, as to seasons of flood or frost. 2 Maule (4 S. 262; 4 Campb. 189. They are established either by legislative authority or by dedication.
2. By legislative atithoh-ity. By the Great Charter (9 Hen. HI. c. 15), in England, no town or freeman Can be compelled to make new bridges where never any were before, but by act of parliament. Under such act, they may be erected and maintained by corporations chartered for the purpose, or by counties, or in whatever other mode may be prescribed. Woolrych, Ways, 196. In this country it is the practice to charter companies for the same purpose, with the right to take tolls for their reimbursement, 4 Pick. Mass. 341 ; or to erect bridges at the state'e expense ; or by general statutes to impose the duty of erec tion and maintenance upon towns, counties, or districts. 2 Watts & S. Penn. 495; 5 Gratt. Va. 241 ; 2 Ohio, 508 ; 23 Conn. 416 ; 14 B. 1VIonr. Ky. 92 ; 5 CBI. 426 ; 1 Mass. 153; 12 N. Y. 52 ; 2 N. H. 513. For their erection the state may take private property, upon making compensation, as in case of other highways, Angell, HighWays, 81 et seq. ; the rule of damages for land so taken being not its mere value for agricultural purposes, but its value for a bridge site, minus the benefits derived to the owner from the erec tion. 17 Ga. 30. The right to erect a bridge upon the land of another may also be acquired by mere parol license, which, when acted upon, becomes irrevocable. 11 N. H. 102; 14 Ga. 1. But see 4 R. I. 47. The franchise of a toll bridge or ferry may be taken, like other property, for a free bridge, 6 How. 507 ; 23 Pick. Mass. 360 ; 4 Gray, Mass. 474 ;
28 N. H. 195 ; and, when vested in a town or other public corporation, may be so taken without compensation. 40 How. 511.
3. A new bridge may be erected, under legislative authority, so near an older bridge or ferry as to impair or destroy its value, with out compensation, unless the older franchise be protected by the terms of its grant, 11 Pet. 420 ; 7 Pick. Mass. 344 ; 6 Paige, Ch. N. Y. 554 ; 1 Barb. Ch. N. Y. 547 ; 3 Sandf. Ch. N. Y. 625 ; but, unless authorized by statute, a new bridge so erected is unlawful, and may be enjoined as a nuisance. 3 Blackstone, Comm. 218, 219 ; 4 Term, 566 ; 2 Crompt. M. & R. Exch. 432 ; 6 Cal. 590 ; 3 Wend. N. Y. 610 ; 3 Ala. 211 ; 11 Pet. 261, Story,-J. And if the older franchise, vested in an individual or private corporation, be protected, or bs exclusive within given limits, by the terms of its grant, the erection of a new bridge or ferry, even under legislative authority, is un constitutional, as an act impairing the obli gations of contract. 7 N. H. 35 ; 17 Conn, 40 ; 10 Ala. N. s. 37. The entire expense of a bridge erected within a partiCular town or district maybe assessed upon the inhabitants of such town or district. 10 Ill. 405 ; 23 Conn. 416. A state has the right to erect a bridge ever a navigable river within its own limits, 4 Pick. Mass. 460. 1 N. H. 467 ; 5 McLean, C. C. 426 ; 35 Me. 326 ; 22 Conn. 198 ; 27 Penn. St. 303 ; 15 Wend. N. Y. 113 ; but, in exercising this right, care must be taken to interrapt navigation as little as pos sible, 43 Me. 198 ; 3 Hill, N. Y. 621; 22 Eng. L. & Eq. _240 ; 4 Harr. Del. 544; 4 Ind. 36; 2 Gray, Mass. 339 ; since for any unnecessary interruption the proprietors of the bridge will be liable in damages to the persons spe cially injured thereby, or to have the bridge abated as a nuisance, by injunction, though not by indictment ; such bridge, although au thorized by state laws, being in contravention of rights secured by acts of congress regulating commerce. 13 How. 518; 1 Woodb. Sc M. C. C. 401; 5 McLean, C. C. 425 ; 6 id. 70, 237.