Beaver County v. Beaver Valley Traction Co.

Citations

• 229 Pa. 565
• 79 A. 161
• 1911 Pa. LEXIS 532

Syllabus

<p>Street Railways — County bridges — Use and occupation — Measure of damages.</p> <p>1. A trolley company using a county bridge in the operation of its street cars enjoys a special use different in kind and extent from that of the general public and one for which it may be required to pay rental.</p> <p>2. Where a county condemns and lakes over certain bridges in use by a trolley company under agreement with the private owners and after the condemnation the trolley company enters into a contract with the county commissioners for the use of the bridges and the compensation therefor for a stated period of years and after the expiration of this period the trolley company continues to operate its cars across the bridges but declines to make any further payment to the county, the county may recover against the trolley company for the use and occupation of the bridges during this latter period.</p> <p>3. In an action brought by a county against a street railway company to recover compensation for the use of county bridges where there is evidence showing defendant’s system of trackage and the population of the territory it had to draw upon; the cost of the respective bridges to the county, and their value in the year of the use sued upon; the amount paid for the repair of ordinary wear and tear incurred and also the general cost of the maintenance of the bridges during that year; the sizes of the bridges'and how they were built; details as to the use made of the bridges by the defendant company; and some light on the general public use as compared to the precise use of the defendant company, it is not error for the court to allow the jury, in the exercise of their best judgment, to determine upon all the evidence what would be fair and proper compensation for the use of the bridges.</p>