Citizens' Traction Co. v. Shaffer

Citations

• 56 Pa. Super. 544
• 1914 Pa. Super. LEXIS 120

Syllabus

<p>Bridges — County bi'idges — Use by street railway company.</p> <p>1. Where county commissioners in building a county bridge take into consideration the fact that it is to be occupied by a street railway company, and therefore build it of greater width and strength than would have been required had it been designed only to accommodate travel by foot passengers and ordinary vehicles, the street railway company which subsequently occupies the bridge with its tracks is under neither statutory nor common-law liability to 'bear any portion of the cost of the construction of the bridge. Such a company, however, may be compelled to pay to the county a reasonable compensation for the special use and occupation of the bridge with its necessary tracks, poles and wires.</p> <p>2. In ascertaining what is a reasonable compensation by a street railway company for the use of a county bridge the court may take into consideration that the special use by the street railway company will necessarily shorten the life of the structure as against its probable duration of existence were its use to be confined to pedestrians or ordinary vehicles. The mere fact that the evidence fails to disclose in dollars and cents any sum which in the opinion of the witnesses would fairly measure such liability, will not prevent the court from reaching a conclusion on the subject. Point Bridge Co. v. Pittsburg Rys. Co., 240 Pa. 105, distinguished and explained.</p>