Pennsylvania Railroad v. Borough of Irwin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1877, No. 245. The borough of Irwin, plaintiff below, brought an action of assumpsit for the value of a bridge, against the Pennsylvania Railroad Company, which pleaded non-assumpsit.
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Error to the Court of Common Pleas of Westmoreland county: Of October and November Term 1877, No. 245. The borough of Irwin, plaintiff below, brought an action of assumpsit for the value of a bridge, against the Pennsylvania Railroad Company, which pleaded non-assumpsit. On the trial the jury found a special verdict of the following facts : that the railroad company, in the construction of their road in 1851, changed the location of the township road, and a bridge over the creek became, and is still necessary ; that the company erected a bridge at that time and renewed it in 1853 and 1866 ;…
1Opinion of the CourtJustice Gordon
The railroad company by making use of the former permanent road-bed, not only made a bridge a necessity, but also rendered its *338perpetual maintenance a necessity, for by no other means could the highway be made to subserve the purposes of its creation. Such being the case, and the company having refused to rebuild, it was the duty of the borough of Irwin so to do, for upon it as to the public, devolved the duty of keeping the roads and streets within its limits in proper order: Newlin v. Davis, 27 P. F. Smith 317; If, however, this rebuilding was a duty, which by law, rested upon the company…
2Cited by7 opinions
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- Smith v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1902
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
- Orange County v. Cow Bayou Canal Co.Court of Appeals of Texas · 1912
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