Buckwalter v. Black Rock Bridge Company
Supreme Court of Pennsylvania
Error to the Common Pleas of Montgomery county. This writ was sued out by David R. Buckwalter, who complained of the action of the court below by which a fi. fa., sur judgment on an award of referees in his favour, against the Black Rock Bridge Company, was stayed and set aside, the judgment on the award opened, and the award set aside and stricken from the record.
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Error to the Common Pleas of Montgomery county. This writ was sued out by David R. Buckwalter, who complained of the action of the court below by which a fi. fa., sur judgment on an award of referees in his favour, against the Black Rock Bridge Company, was stayed and set aside, the judgment on the award opened, and the award set aside and stricken from the record. The case was this:— David R. Buckwalter is the owner and occupier of a ferry across the Schuylkill river, at a point called Black Rock, where the canal and tow-path change from the Chester county side of the river to the Montgomery…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— It would be a difficult proposition to maintain, that the legislature, on granting corporate franchises to the defendants, could not do so upon the terms that they should pay and satisfy the plaintiff for any injury they might occasion to his ferry, because the damage might be in its nature consequential. That such damages may be claimed from and assessed against a company, if their organic law require it, has often been decided: Monongahela Navigation Co. v. Coons, 6 Barr 379; Mifflin v. Railroad Co., 4 Harris 182; Reitenbach v. Chester…
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