Clarke v. Birmingham & Pittsburgh Bridge Co.
Supreme Court of Pennsylvania
Error, to the District Court of Allegheny county. This was an action on the case, brought February 20th 1860, by Samuel Clark, against The President and Managers of the Birmingham and Pittsburgh Bridge Company, to recover damages for the loss of a loaded coal-boat, which was destroyed by collision with one of the piers built by the company in the Monongahela river, between Cross street, in the city of Pittsburgh, and McKee street, in the borough of Birmingham, Allegheny…
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Error, to the District Court of Allegheny county. This was an action on the case, brought February 20th 1860, by Samuel Clark, against The President and Managers of the Birmingham and Pittsburgh Bridge Company, to recover damages for the loss of a loaded coal-boat, which was destroyed by collision with one of the piers built by the company in the Monongahela river, between Cross street, in the city of Pittsburgh, and McKee street, in the borough of Birmingham, Allegheny county. The defendants were incorporated in 1837, and completed their bridge in the fall of 1857. The collision, by which…
1Opinion of the Court
The opinion of the'court was delivered,
by Strong, J.
The plaintiff having lost a coal-boat by collision with one of the piers of a bridge over the Monongahela river, belonging to the defendants, brought an action against them to *157recover compensation for his loss. The ground of their alleged liability was, that they had unlawfully built, kept, and maintained in the river certain piers located in and near the ordinary channel for coal-boats and other craft, and that the piers, by reason of their location, were an unlawful obstruction and common nuisance in the river. It was further averred that…
2Cases cited2 opinions
- Bacon v. ArthurSupreme Court of Pennsylvania · 1835
- Hay v. GrahamSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Jutte v. Keystone Bridge Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Braine v. Northern Central Railway Co.Supreme Court of Pennsylvania · 1907
- Thompson-Lockhart Co. v. City of Philadelphia.District Court, E.D. Pennsylvania · 1914