Legal Opinion

Point Bridge Co. v. Pittsburgh Railways Co.

Supreme Court of Pennsylvania

Decided March 31, 1913No. Appeal, No. 71PublishedCited by 17 opinions

Appeal, No. 71, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny Co., May T., 1909, No. 142, on verdict for plaintiff in case of the Point Bridge Company v. Pittsburgh Railways Company. Assumpsit for the use and occupation of a bridge. Before Kennedy, P. J. . At the trial the court permitted the plaintiff under objection and exception to prove the number of fares received by the defendant from cars that crossed over the Point Bridge from 1902 to 1908, inclusive.

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Appeal, No. 71, Oct. T., 1912, by defendant, from judgment of C. P. Allegheny Co., May T., 1909, No. 142, on verdict for plaintiff in case of the Point Bridge Company v. Pittsburgh Railways Company. Assumpsit for the use and occupation of a bridge. Before Kennedy, P. J. . At the trial the court permitted the plaintiff under objection and exception to prove the number of fares received by the defendant from cars that crossed over the Point Bridge from 1902 to 1908, inclusive. (1) The court admitted under objection and exception proof as to how much was necessary to be set aside as a sinking…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The bridge which is the subject of this controversy is an essential part of a public street or highway in the City of Pittsburgh. It was none the less so before 1896 when it was the property of a private corporation. “A bridge erected for public travel and accommodation is a public highway whether built and maintained by the inhabitants of the district, or by a corporation authorized to demand toll for passage over it”: Pitts. & West End Pass. Ry. Co. v. Bridge Co., 165 Pa. 37. In June, 1896, the City of Pittsburgh, with a view to relieving its inhabitants from…

2Cases cited10 opinions

  1. St. Louis v. Western Union Telegraph Co.Supreme Court of the United States · 1893
  2. Allegheny v. Millville, Etna & Sharpsburg Street Ry. Co.Supreme Court of Pennsylvania · 1893
  3. Monongahela Bridge Co. v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1900
  4. Johnson v. PhiladelphiaSupreme Court of Pennsylvania · 1869
  5. Frankford & Philadelphia Passenger Railway Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1868

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3Cited by17 opinions

  1. Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
  2. American Baseball Club v. PhiladelphiaSupreme Court of Pennsylvania · 1933
  3. City of St. Louis v. Public Service CommissionSupreme Court of Missouri · 1918
  4. Schuldice v. City of PittsburghSupreme Court of Pennsylvania · 1915
  5. Bell Telephone Co. of Pennsylvania v. LewisSupreme Court of Pennsylvania · 1934

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