Henry v. Pittsburgh & Allegheny Bridge Co.
Supreme Court of Pennsylvania
ERROR to the District Court of Allegheny county. This was an action on the case by Helena Henry and others, heirs-at-law of David Henry, deceased, by their guardian, Robert H. Patterson, against the President and Managers of the Pittsburgh and Allegheny Bridge Company, in which the plaintiffs declared for an injury done to the value of their freehold by reason of the filling up of a certain street in the city of Pittsburgh, which was occasioned by the construction of a…
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ERROR to the District Court of Allegheny county. This was an action on the case by Helena Henry and others, heirs-at-law of David Henry, deceased, by their guardian, Robert H. Patterson, against the President and Managers of the Pittsburgh and Allegheny Bridge Company, in which the plaintiffs declared for an injury done to the value of their freehold by reason of the filling up of a certain street in the city of Pittsburgh, which was occasioned by the construction of a bridge by the defendants across the Allegheny River: the plaintiffs also declared for an' injury done to their freehold by…
1Per curiam
The principle of this case was settled in the Monongahela Navigation Company v. Coons, (6 Watts & Serg. 101), in which it was held that neither the State nor a person, artificial or natural, acting by its authority or command, under a law which the legislature is competent to make, is answerable for consequential damages occasioned by the construction of a highway, further than happens to be specially provided. This bridge is as much a highway as a rail-road or a turnpike road is a highway ; and the Company acted, in constructing it, strictly within the bounds of the public franchise…
2Cases cited2 opinions
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
3Cited by19 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
- Searle v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1859
- Fyfe v. Turtle Creek BoroughSuperior Court of Pennsylvania · 1903
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