Legal Opinion

Lawrence County v. New Castle Electric Street Railway Co.

Superior Court of Pennsylvania

Decided October 10, 1898No. Appeal, No. 92PublishedCited by 3 opinions

Appeal, No. 92, April T., 1898, by plaintiff, from decree of C. P. Lawrence Co., Sept. T., 1897, No. 1, praying for preliminary injunction. Bill and answer.

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Appeal, No. 92, April T., 1898, by plaintiff, from decree of C. P. Lawrence Co., Sept. T., 1897, No. 1, praying for preliminary injunction. Bill and answer. Before Wallace, P. J. It appears from the record that a bill was filed by Lawrence county alleging tbat defendant company had already erected a track upon a country bridge and used the same without authority ; that they proposed to erect another track, and that such construction would render the county bridge unsafe for public travel and increase the cost and expense of keeping the same in repair, and until the bridge was strengthened…

1Opinion of the Court

Opinion by

Rice, P. J.,

County commissioners may require as a condition of their consent to the use of a county bridge by a street railway, that the railway company shall bear the expense of strengthening the bridge, assume the cost of repairs and alterations that may be necessary in order to support safely the street railway and its traffic in addition to the ordinary public travel, and pay a reasonable rental. But when the proper local. and .municipal authorities have given their consent to the use by a street railway company of a highway of which a county bridge forms a part, the county…

2Cases cited2 opinions

  1. Berks County v. Reading City Passenger Railway Co.Supreme Court of Pennsylvania · 1895
  2. Larue v. Oil City Street Passenger Railway Co.Supreme Court of Pennsylvania · 1895

3Cited by3 opinions

  1. Beaver County v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1911
  2. New Street Bridge Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921
  3. Northwestern Pennsylvania Railway Co. v. Crawford County Commissioners, Pennsylvania Court of Common Pleas, Crawford County1922

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