Commonwealth v. Pittston Ferry Bridge Co.

Citations

• 148 Pa. 621
• 8 Kulp 29
• 24 A. 87
• 1892 Pa. LEXIS 1041

Syllabus

<p>Corporation — Charter — Bridge Company — Elevation of bridge — Approaches.</p> <p>A legislative grant of the power to construct a bridge carries with it the right to elevate the bridge to a'sufficient height to avoid the danger of ice and floods. While, after its original construction, the bridge may not be relocated, its elevation can be changed to the extent that experience shows to be necessary; and the right to elevate carries with it, by necessary implication, the right to construct reasonable and proper approaches.</p> <p>Nuisance — Public convenience — Injunction—Approach to bridge elevated over highways.</p> <p>Where the public convenience is increased by the elevation of the approaches to a bridge over highways in such a manner as not to interfere to any appreciable extent with the public travel upon said highways, such elevation will not be enjoined as a public nuisance.</p> <p>Laches — Consent to original erection.</p> <p>That the commonwealth has moved with a leaden heel in such a case, does not bar her right; but is not without weight in considering the question whether or not the construction is a public nuisance. The further fact that the individuals most active in pressing the case, or their pi-edeoessors in title, assented to the original construction, the renewal of which is objected to, is not without weight.</p>