Union Canal Co. v. Pinegrove Township
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Schuylkill county, where the plaintiff below, the township of Pinegrove, obtained a verdict against the defendants below, the Union Canal Company of Pennsylvania.
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ERROR to the Common Pleas of Schuylkill county, where the plaintiff below, the township of Pinegrove, obtained a verdict against the defendants below, the Union Canal Company of Pennsylvania. It was an action on the case to recover a sum of money that the plaintiffs had expended in repairing a bridge or causeway across the big dam erected in the Swatara creek, or rather against the company for not repairing said bridge which they had erected, as was alleged, in pursuance of the provision of the 16th section of the Act of 2d April 1811, incorporating the company. That Act provides, that…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
The Act of the 2d April 1811, incorporating the Union Canal Company, requires that wherever the canal shall cross a public or private laid out road, if necessary, the company shall build a bridge or make a ford and keep the same in repair. On the trial one of the matters in controversy was, whether this was such a road as imposed an obligation on the company to keep it in repair. After diligent search no record of the road can be found, and the inference is that none such now exists; but the court instructed the jury that, upon the facts in…
2Cited by1 opinion
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