Butler County v. Pittsburgh, Harmony, Butler & New Castle Ry. Co.

Opinion by

Mr. Justice Kephart,

In 1904 the State constructed a bridge over the Conoquenessing Creek in Butler, and turned it over to the county. Appellant, a street car company operating its line in the county, desiring to cross the bridge, applied to the commissioners of the county for their consent; this was refused, and a bill in equity was filed in 1907 to compel the county to permit appellant to pass over the bridge. The court below granted the privilege on condition that appellant should “protect and preserve [the structure] and make all ordinary repairs.”

The bridge has been constantly…