Legal Opinion

Pennsylvania Railroad v. Duquesne Borough

Supreme Court of Pennsylvania

Decided July 1, 1863PublishedCited by 6 opinions

Error to the Common Pleas of Allegheny county. This was an action on the case by the Burgess and Town Council of the Borough of Duquesne against the Pennsylvania Railroad Company, to recover the amount expended in constructing a bridge over the Pennsylvania Canal, at McEadden street, in said borough, in place of one which had fallen down.

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Error to the Common Pleas of Allegheny county. This was an action on the case by the Burgess and Town Council of the Borough of Duquesne against the Pennsylvania Railroad Company, to recover the amount expended in constructing a bridge over the Pennsylvania Canal, at McEadden street, in said borough, in place of one which had fallen down. A written notice had been served upon the company requiring the bridge to be built, but they declined to comply with the terms of it, believing they were not legally hound, as the vendees of the state, to either rebuild or keep in repair a bridge at the…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, C. J.

The jury have found that this canal bridge is one of those erected by the state when the canal was made; that it still continues to be necessary for the accommodation of the public; that after its fall the defendants below, the railroad company, now owning the canal, were notified to rebuild it and refused, and that thereupon it was rebuilt by the corporate authorities of Duquesne Borough, where the bridge is; and they have brought this suit for the expense of the work. Were the railroad company bound to rebuild the bridge ?

We think they…

2Cited by6 opinions

  1. Donnelly v. Public Service Commission & Pennsylvania R. R.Supreme Court of Pennsylvania · 1920
  2. Pennsylvania Railroad Co.'s CaseSupreme Court of Pennsylvania · 1906
  3. Com'rs of Hwys. of Towns of Annawan v. United StatesDistrict Court, N.D. Illinois · 1979
  4. Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
  5. Orange County v. Cow Bayou Canal Co.Court of Appeals of Texas · 1912

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