Genesee-Fork Imp. Co. v. Ives

Citations

• 144 Pa. 114
• 22 A. 887
• 1891 Pa. LEXIS 587

Syllabus

<p>1. Where a company, incorporated under the act of June 22, 1888, P. L. 156, for the driving or floating of saw-logs, etc., has filed a bond under the provisions of § 5 of the act, it is not required either to agree with individual riparian owners as to damages, or to file bonds as security for their payment, under the provisions of § 4 thereof.</p> <p>2. In an action by such company to collect tolls for logs floated, the right to recover cannot be defeated by evidence that little, if any, improvement of the stream was made by the plaintiff, or' that the defendant floated his logs upon the natural state of the water, without assistance from the plaintiff’s splash-dams.</p> <p>3. Nor, in such action, can the defendant call in question the reasonableness of the rate of tolls charged. So long as the company keeps within the limit fixed by the statute, its right to collect the tolls cannot be defeated, nor its discretion to fix the amount questioned collaterally: Bennett’s Branch Imp. Co.’s App., 65 Pa. 242.</p>