Legal Opinion

Linton v. Sharpsburg Bridge Co.

Supreme Court of Pennsylvania

Decided November 27, 1856PublishedCited by 5 opinions

In Equity. — Appeal from the decree of the District Court of Allegheny county. John Linton, the complainant, was the owner of a certain leasehold, for the purposes of a ferry landing, on the Allegheny river, opposite Sharpsburg. Charles Peterson was originally the owner of what is called the Sharpsburg Ferry. About the 3d day of April, a. D., 1849, he sold the same, with about five acres of land, in fee simple, to Gr. A. Forbes ; and in order to secure to said Gr.

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In Equity. — Appeal from the decree of the District Court of Allegheny county. John Linton, the complainant, was the owner of a certain leasehold, for the purposes of a ferry landing, on the Allegheny river, opposite Sharpsburg. Charles Peterson was originally the owner of what is called the Sharpsburg Ferry. About the 3d day of April, a. D., 1849, he sold the same, with about five acres of land, in fee simple, to Gr. A. Forbes ; and in order to secure to said Gr. A. Forbes, his heirs and assigns, the uninterrupted and exclusive use of said ferry, he, with his wife, executed a lease, covering…

1Opinion of the Court

The opinion was delivered

2Per curiam

— This cause was properly disposed of by the District Court. Where the law authorizes a road to be made, it authorizes the taking of the land needed for the purpose, though it should not expressly say so. And just as certainly, if not so plainly, where it authorizes the erection of a bridge, it authorizes the taking of land for its abutments, when compensation is also provided for, even though it be contained in no express terms. The necessary incidents of an authority expressly granted need not be themselves expressed.

Decree affirmed.

3Cited by5 opinions

  1. Erie R. R. v. Public Service CommissionSupreme Court of Pennsylvania · 1921
  2. Cleveland & Pittsburg Railroad v. SpeerSupreme Court of Pennsylvania · 1868
  3. Schmidt Et Ux. v. Allegheny Co.Supreme Court of Pennsylvania · 1931
  4. McKeen v. Delaware Division Canal Co.Supreme Court of Pennsylvania · 1865
  5. Mundis v. Southeastern Joint School District, Pennsylvania Court of Common Pleas, York County1949

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