Jutte v. Keystone Bridge Co.
Pennsylvania Court of Common Pleas, Alleghany County
No. 103 October Term 1891, Sup. Ct.; court below, No. 344 January Term 1890, C. P. No. 2. To the first Monday of December, 1889, Charles Jutte, William C. Jutte and August Jutte, doing business under the firm name of Charles Jutte, brought trespass against the Keystone Bridge Company, to recover damages for the sinking of certain coal barges, in consequence, as was alleged, of negligence on the part of the defendant.
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No. 103 October Term 1891, Sup. Ct.; court below, No. 344 January Term 1890, C. P. No. 2. To the first Monday of December, 1889, Charles Jutte, William C. Jutte and August Jutte, doing business under the firm name of Charles Jutte, brought trespass against the Keystone Bridge Company, to recover damages for the sinking of certain coal barges, in consequence, as was alleged, of negligence on the part of the defendant. As the acts of negligence complained of, the statement of claim charged that the defendant, in building a railroad bridge over the Ohio river at Beaver, Pennsylvania, negligently…
1Opinion of the Court
Opinion,
Mr. Justice Green:
There is neither allegation nor proof in this case of any negligence in the building of the piers or false works of the new bridge, or of any obstruction of the navigation on account of the mere presence in the river of these necessary structures. That proper materials were used, that adequate structures were erected, that a sufficient water space of one hundred and thirty-six feet or thereabouts was left clear for the navigation of the river, were fully established and uncontradicted facts.
*406In Clarke v. Bridge Co., 41 Pa. 147, we held that a general power given by…
2Cases cited3 opinions
- Monongahela Bridge Co. v. KirkSupreme Court of Pennsylvania · 1863
- Clarke v. Birmingham & Pittsburgh Bridge Co.Supreme Court of Pennsylvania · 1862
- Whitaker v. Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1878
3Cited by2 opinions
- Oubre v. Town of DonaldsonvilleSupreme Court of Louisiana · 1881
- Braine v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907