Clarion Turnpike & Bridge Co. v. Clarion County

Citations

• 172 Pa. 243
• 33 A. 580
• 1896 Pa. LEXIS 767

Syllabus

<p>Bridges — Turnpike companies — Highways—Act of April 10, 1862 — Acts of May 8, 1876, and April 14, 1863.</p> <p>Under section 5 of the act of April 10, 1862, P. L. 866, providing that should the county commissioners of Clarion county neglect and refuse to erect a bridge over the Clarion river at or near the point where the Susquehanna and Waterford Turnpike Road strikes said river, “ the company, aforesaid (The Clarion Turnpike & Bridge Co.) are hereby authorized to erect a toll bridge at its own expense and costs, and to have the exclusive control thereof, and to levy a toll on all persons and property passing over the same, not to exceed in amount that authorized to be collected on two sections of the turnpike, and on all footmen, not to exceed two cents for each and every passage; ” the authority in the turnpike company to construct and maintain a bridge at the point in question is a grant distinct and separate from the general powers to maintain and operate a turnpike road.</p> <p>In such a ease if proceedings are instituted under the act of May 8, 1876, P. L. 131, to free the bridge, the county acquires the bridge, but not a part of the turnpike, and by such acquisition it not only takes the structure and approaches, but a distinct and separable part of the company’s franchises.</p> <p>The Act of April 14, 1863, P. L. 429, relating to tolls of the Clarion Turnpike and Bridge Company, has reference to tolls on the turnpike road, and by no reasonable construction can it be made to include the bridge expressly authorized by section 5, of the act of April 10, 1862, P. L. 366, lor which a special rate of tolls is fixed.</p> <p>Bridges — Measure of Damages — Proceedings to free loll bridge.</p> <p>Where a bridge is taken by a county for public use under act of May 8, 1876, P. L. 131, the true measure of damages is just compensation for the loss suffered by plaintiff in consequence of the taking by defendant of plaintiff’s property, being the substructure, superstr