Carrere v. Schmidt

Citations

• 278 Pa. 457
• 123 A. 413
• 1924 Pa. LEXIS 425

Syllabus

<p>Bridges — County bridges — Construction—County commissioners —Quarter sessions — OHginal bridges — New instead of old bridge— Acts of February 11/-, 1907, P. L. 8j June 12, 1907, P. L. 528, and March 28,1917, P. L. 12 — Practice, Q. 8. — Statutes—R&peal.</p> <p>1. Where two statutes are passed at the same session of the legislature, each must, if possible, be given full effect without one infringing upon the domain of the other.</p> <p>2. The Act of February 14, 1907, P. t. 3, relating to the construction of bridges is not repealed by the later Act of June 12, 1907, P. L. 523'.</p> <p>3. Under the Act of February 14, 1907, P. L. 3, the initiation of a movement for a new bridge to replace an inadequate one, lies with the county commissioners, and they proceed as outlined in that statute, and the court proceeds as directed therein.</p> <p>4. Under the Act of June 12, 1907, P. L. 523, the project must be instituted, not by the county commissioners, but by the proper authorities of a city or borough, or the supervisors of a township, or on the petition of any of the inhabitants of any of these municipal divisions.</p> <p>5. The Act of March 23,1917, P. ,L. 12, contemplates an entirely different situation from that covered by the Acts of 1907, and provides for the location and construction of original bridges and does not cover the replacement of old bridges with new ones.</p> <p>6. A petition by the county commissioners setting forth that an existing bridge is not sufficient to accommodate the public, and that a new and sufficient bridge should be erected, and praying the court and the grand jury to approve the construction of the new bridge, is proper, under the Act of February 14, 1907, P. L. 3, and, if allowed, the commissioners may legally contract for the construction of such bridge.</p>