Pennsylvania Railroad v. Pennsylvania-Ohio Electric Co.

Opinion by

Mr. Justice Walling,

In 1864, when the Erie & Pittsburgh Railroad, now operated by the plaintiff, Pennsylvania Railroad Company, was constructed through what is now the city of New Castle, it constructed an overhead bridge for a township highway known as Covert Mill Road, now West Washington Street. In 1895 the New Castle Electric Street Railway Company, the defendant’s predecessor, constructed and thereafter used a double track street railway upon this bridge. In 1904 plaintiff’s predecessor rebuilt the bridge at its own expense, as it had the former. During the same year, the…