by John Marshall Harlan

“ Assuming, for the purposes of the present decision, that the words 'the persons, corporation, or association owning or controlling any railroad or other bridge' may, under some circumstances, apply to officers of municipal corporations charged generally with the control and repairing of bridges owned by such corporations, the question remains whether any error of law was committed at the trial to the prejudice of the plaintiffs in error. ”

“ About the year 1838, under the authority of the state, a dam was constructed across the main channel of the Muskingum river at the rapids, which entirely obstructed navigation at that point, but locks and a side cut canal were constructed so that boats could pass southward to the river below the rapids. Immediately below that dam the commissioners of Muskingum county, about the year 1874, under the authority of the state, constructed a bridge across the river,-the bridge here in question,-whereby the town of Duncan Falls and Taylorsville on opposite sides of the river were connected. ”

“ Under power conferred by an act of the general assembly of Ohio, approved March 9th, 1836, the authorities of the state, between 1836 and 1840, constructed a series of locks and dams on the Muskingum river between Marietta and Zanesville. ”