In addition to the damages resulting from the costs of repairing the bridge, plaintiff also sought herein to recover consequential damages arising from the construction of temporary detours, etc. In State ex rel. Dept. of Highways v. Rumsey, 205 Okla. 307, 237 P.2d 448, although noting that the issue of damages was unimportant as the jury verdict for defendant was being affirmed on appeal, the Court discussed various cited authorities from Kansas, Arkansas and Texas which held that where a statute provided for the recovery of damages to a bridge itself, consequential damages could not be recovered. In United States v. State Road Dept. of Florida, 189 F.2d 591 (5th Cir.), the Court, although noting the authorities cited in State ex rel. Dept. of Highways v. Rumsey, supra, interpreted a Florida statute limiting recovery to "the actual damage to the highway" as being a term broad enough to include consequential damages consisting of costs for temporary bridges.
The ruling of the trial court was correct. State Highway Commission v. American Mutual Life Ins. Co., 146 Kan. 187, 70 P.2d 20; State Highway Commission v. Stadler, 158 Kan. 289, 148 P.2d 296; State ex rel. Department of Highways v. Rumsey, 205 Okl. 307, 237 P.2d 448; Shell Oil Co. v. Jackson County, Tex.Civ.App., 193 S.W.2d 268; 11 C.J.S., Bridges, ยง 100. We find no error in other rulings of the court, assigned by appellant.
We need not reach the issue of the proper measure of damages because where a jury has denied a plaintiff any recovery, the question of the measure of damages is irrelevant. State ex rel Department of Highways v. Rumsey, 205 Okla. 307, 237 P.2d 448 (1951); Schofield v. City of Tulsa, 111 Okla. 220, 239 P. 236 (1925). The giving of an incorrect instruction as to the proper measure of damages is immaterial when the jury has determined the plaintiff is not entitled to any damages.