Mifflin Bridge Co. v. County of Juniata
Pennsylvania Court of Common Pleas, Mifflin County
No. 298 January Term 1891, Sup. Ct.; court below, No. 16 August Term 1890, C. P. On April 22,1889, proceedings were commenced in the Court of Quarter Sessions of Juniata county, under the act of May 8, 1876, P. L. 131, and its supplements, for the taking, as a county bridge, of a wooden bridge erected and maintained by the Mifflin bridge company over the Juniata river, at Mifflin in said county, by virtue of an act of incorporation approved March 5, 1828, P. L. 152, and for…
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No. 298 January Term 1891, Sup. Ct.; court below, No. 16 August Term 1890, C. P. On April 22,1889, proceedings were commenced in the Court of Quarter Sessions of Juniata county, under the act of May 8, 1876, P. L. 131, and its supplements, for the taking, as a county bridge, of a wooden bridge erected and maintained by the Mifflin bridge company over the Juniata river, at Mifflin in said county, by virtue of an act of incorporation approved March 5, 1828, P. L. 152, and for the assessment of the damages which might accrue to the company by reason of such taking. While the proceedings were…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
It was held in Montgomery Co. v. Bridge Co., 110 Pa. 54, that where a bridge is taken by a county for public use, under the act of May 8, 1876, P. L. 181, the measure of damages is the value of the property to the owners, not to the county taking it, and that such value is to be ascertained, not only by the cost of the structure, but also by the value of its franchises. The value of its franchises depends largely upon its earning capacity. A bridge, as was observed in the case cited, is a peculiar kind of property, and seldom has a market value. The value of…
2Cases cited1 opinion
- Montgomery County v. Schuylkill Bridge Co.Supreme Court of Pennsylvania · 1885
3Cited by11 opinions
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- Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
- Campbell v. City of New HavenSupreme Court of Connecticut · 1924
- Indiana Union Traction Co. v. BenadumIndiana Court of Appeals · 1908
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