Hannibal & St. Joseph Railroad v. Missouri River Packet Co.

Citations

• 125 U.S. 260
• 8 S. Ct. 874
• 31 L. Ed. 731
• 1888 U.S. LEXIS 1932

Syllabus

<p>The act of Congress of July 25,1866, 14 Stat. 244, § 10 of which authorized a bridge to be constructed across the Missouri Kiver at the city of Kansas, required that the distance of one hundred and sixty feet between the piers of the bridge, which was called for by the act, should be obtained by measuring along a line between said piers drawn perpendicularly to the-faces of the piers and the current of the river; and as such a line drawn between the piers of the bridge of the plaintiff in error measures only one hundred and fifty-three feet and a fraction of a foot, instead of the required one hundred and sixty feet, it is not. a lawful structure within the meaning of that act.</p> <p>When there is any doubt as to the proper construction of a statute granting a privilege, that construction should be adopted, which is most advantageous to the interests of the government, the grantor.</p> <p>A decision by the highest court of a State upon the question whether the mere fact that a bridge, constructed under authority derived from the act of Congress of July 25, 1866, 14 Stat. 244, had not been constructed as required by the statute rendered the owner liable for injuries happening by reason of its existence to a steamboat navigating the river, irrespective of the question whether the accident was the result of the improper construction, presents no federal question for the decision of this court.</p>