Bridgewater Fer. Co. v. Sharon Br. Co.

Citations

• 145 Pa. 404
• 22 A. 1039
• 1891 Pa. LEXIS 677

Syllabus

<p>1. The provisions of §§ 31, 32, act of April 29,1874, P. L. 90, prohibiting abridge or ferry company from exercising “its corporate franchises within three thousand feet of any other bridge or ferry in actual use,” were repealed by §§ 7, 8, act of April 17, 1876, P. L. 34.</p> <p>2. Wherefore, a ferry company, incorporated under said acts in 1885, is not entitled to an injunction restraining the erection of a bridge within three thousand feet or any other prescribed distance from its ferry, by abridge company incorporated under the same acts in 1888.</p> <p>3. It is incorrect to hold that a ferry company is not in actual use, within the provision of § 31, act of April 29, 1874, above quoted, when its operation is temporarily intei'rupted in consequence of the stream being frozen and gorged with ice: Per Mr. Justice Mitchell.</p>