Legal Opinion

In re Towanda Bridge Co.

Supreme Court of Pennsylvania

Decided March 29, 1880PublishedCited by 6 opinions

Certiorari to the Court of Quarter Sessions of Bradford county: In the court below these proceedings were commenced by a petition under the Act of May 1st 1876, Pamph. L. 86, Purd. Dig. 2074, and its supplement of May 3d 1878, Pamph.

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Certiorari to the Court of Quarter Sessions of Bradford county: In the court below these proceedings were commenced by a petition under the Act of May 1st 1876, Pamph. L. 86, Purd. Dig. 2074, and its supplement of May 3d 1878, Pamph. L. 41, which set forth that the Towanda Bridge Company have heretofore erected and maintained .a bridge over the Susquehanna river at Towanda, where said river crosses a highway; that said bridge was erected and maintained, by authority of law, by said bridge company; that said bridge is necessary for the accommodation of the travelling public, and that the…

1Opinion of the Court

The judgment of the Supreme Court was entered

2Per curiam

That the right of eminent domain extends to corporate franchises, and that by virtue of that right the bridge of a corporation can be taken for public use and made a free bridge,, we think are positions no longer open to controversy. The opinion of Judge Elwell, and the authorities cited by him, are conclusive upon that subject. The proposition to have the question as to the necessity of taking the bridge heard in open court before the judge and grand jury was certainly a novel one, and if it was in the sound discretion of the court to grant or.…

3Cited by6 opinions

  1. Philadelphia, Morton & Swarthmore Street RailwayCo.'s PetitionSupreme Court of Pennsylvania · 1902
  2. Salt Lake City v. Salt Lake City Water & Electrical Power Co.Utah Supreme Court · 1902
  3. Mount Pleasant AvenueSupreme Court of Pennsylvania · 1895
  4. In re Harrisburg Bridge Co., Pennsylvania Court of Common Pleas, Cumberland County1936
  5. Luzerne County v. Department of Highways, Pennsylvania Court of Common Pleas, Dauphin County1950

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