68-1129. Moving engines or heavy vehicles on bridge or culvert; penalties for unlawful acts.
68-1129
68-1129. Moving engines or heavy vehicles on bridge or culvert;penalties for unlawful acts.All persons owning, controlling, operating, or managing a steam orgasoline threshing engine, sawmill engine, traction engine of any kind,or any vehicle of great weight, and moving the same over the publichighway, are required to lay down planks not less than one foot wide,three inches in thickness, and of sufficient length on the floor of allbridges and culverts, and across all crosswalks in incorporated townsand villages, situated on the public highways, while crossing the same,for the wheels of the said engine or heavy vehicle to run on whilecrossing such bridge, culvert or crosswalk; all such bridges, culvertsand crosswalks shall be planked in such manner as will prevent injuryfrom all mechanical devices such as lugs: Provided, That thissection shall not apply to any truck or wagon with its load notexceeding five tons in combined weight, or to bridges and culvertshaving a concrete, brick or stone floor covered with not less thanfour-inch wearing surface of earth, gravel, macadam or other durablematerial: Provided further, That no person, firm or corporationhereafter seeking to recover damages against any city, township orcounty under the provisions of this section shall secure a judgmenttherein unless the jury find that such person, firm or corporation had,before receiving the injury complained of, complied with the provisionsof this section: Provided further, That any person owning,controlling, operating or managing any engine or vehicle as hereinbeforedescribed, who shall crush or damage any bridge or culvert with suchengine or vehicle on any highway, either while complying with thepreceding provisions of this section as to planking or by neglecting toso plank, while crossing the same shall place a warning signal ofsufficient size and character, and in plain view of all parties usingsaid highway, at a distance of three hundred feet from each end of suchdamaged bridge or culvert, and further, shall notify a member of thetownship board of the township within which such bridge or culvert islocated, in writing, either by United States mail or in person, withintwenty-four hours after the time said bridge or culvert shall have beencrushed or damaged, stating in such written notice the time at whichsuch damage occurred, and stating the point in the road at which suchbridge or culvert is located, and the nature and extent of the damagedone thereto.
Any person or persons who shall violate any provision of this sectionshall be deemed guilty of a misdemeanor, and upon conviction thereofshall be fined in an amount not more than two hundred dollars ($200).
History: L. 1917, ch. 80, § 29; L. 1919, ch. 99, § 1; June 17; R.S. 1923,68-1129.