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· 2/8/1915

Citizens Traction Co. v. Venango County Commissioners

Citations

  • 248 Pa. 72
  • 93 A. 817
  • 1915 Pa. LEXIS 514

Syllabus

<p>Street railways — Gounty bridges — Use—Compensation—Fixing compensation by court — Agreement of reference.</p> <p>In a suit in equity to determine the compensation which should be paid by a street railway company for the use of a county bridge which had been constructed so as to accommodate the tracks of such company, where the parties agreed in writing that the amount to be annually paid to the county for such use “whether as rental, share of up-keep or maintenance, or otherwise, and also such proportionate part, if any, of the original cost of said bridge, which under the circumstances should be paid by said company” should be determined by the Court of Common Pleas, the court was expressly authorized to include in the rental an item embracing “rental on account of design and construction, including increase in width of bridge,” and the company could not thereafter be heard to question the authority of the court to include such item in the rental.</p>

Judges: Brown, Elkin, Frazer, Moschzisicer, Potter, Stewart

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