Monongahela Bridge Co. v. Pittsburg & Birmingham Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 8, Oct. T., 1900, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1898, No. 316, on verdict for plaintiff. Assumpsit to recover tolls. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for 17,087.50. Defendant appealed. Error assigned was above instructions.
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Appeal, No. 8, Oct. T., 1900, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1898, No. 316, on verdict for plaintiff. Assumpsit to recover tolls. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for 17,087.50. Defendant appealed. Error assigned was above instructions. A public corporation, having obtained authority to borrow money for a specific purpose, must apply the money to that purpose, and cannot stop short by leaving some technical matters unaccomplished.…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
The facts of this case are fully found and reported by the learned judge of the court below in his opinion on the question reserved at the trial and vve need not restate them in this opinion.
This action was brought by the Monongahela Bridge Company, in its corporate capacity, against the Pittsburg &'Birmingham Traction Company on the contracts ,of August 15, 1889, and May 27,1890, to recover the tolls due the plaintiff by the terms of said contracts. The defendant denies its liability to pay these tolls since April 11,1896 for the reason, as stated in its…
2Cases cited3 opinions
- Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
- Cochran v. ArnoldSupreme Court of Pennsylvania · 1868
- Bidwell v. Pittsburgh, Oakland & East Liberty Passenger Railway Co.Supreme Court of Pennsylvania · 1886
3Cited by36 opinions
- Ashley v. AshleySupreme Court of Pennsylvania · 1978
- Barium Steel Corp. v. WileySupreme Court of Pennsylvania · 1954
- Callery's AppealSupreme Court of Pennsylvania · 1922
- Irving B. Gruber v. Owens-Illinois Inc.Court of Appeals for the Third Circuit · 1990
- Macan v. Scandinavia Belting Co.Supreme Court of Pennsylvania · 1919
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