Frankford & Bristol Turnpike Co. v. Philadelphia & Trenton Railroad
Supreme Court of Pennsylvania
Certificate from Nisi Prius. This was an action on the case to January Term 1866, by The Frankford and Bristol Turnpike Road Company against The Philadelphia and Trenton Railroad Company, for compensation for the burning of a bridge of the plaintiffs. The plaintiffs were a company incorporated to make a turnpike road from Philadelphia to Morrisville, on the Delaware river. In 1805 they were authorized to build a bridge over Neshaminy creek, near Bristol, Bucks county.
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Certificate from Nisi Prius. This was an action on the case to January Term 1866, by The Frankford and Bristol Turnpike Road Company against The Philadelphia and Trenton Railroad Company, for compensation for the burning of a bridge of the plaintiffs. The plaintiffs were a company incorporated to make a turnpike road from Philadelphia to Morrisville, on the Delaware river. In 1805 they were authorized to build a bridge over Neshaminy creek, near Bristol, Bucks county. The bridge was a wooden superstructure on stone piers, and was built shortly after they obtained the authority. About 1832 the…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The duty of the defendants to provide sufficient spark-catchers for their locomotives, and the degree of care they should use in passing bridges and other structures near their track, are the two questions raised in this case. The right to use steam locomotives on their road is not questioned. No prescribed limit of approach towards buildings and bridges being alleged, the right must be conceded to the company of locating their roads and stations upon such route and at such points as, in the judgment of the directors, would be beneficial to…
2Cited by12 opinions
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- MacDougall v. Penna. Power & Light Co.Supreme Court of Pennsylvania · 1933
- Progressive Lumber Co. v. Marshall & East Texas Railway Co.Texas Supreme Court · 1913
- Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
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