Jutte v. Keystone Bridge Co.

Citations

• 146 Pa. 400
• 23 A. 235
• 1892 Pa. LEXIS 1240

Syllabus

<p>1. Tire right of a corporation under its charter to erect a bridge over a navigable river, necessarily includes the right to fix the number and location of the piers at the discretion of the company. The company may be responsible to an individual for an injury resulting from a wanton abuse of the right, and the commonwealth may complain when the piers are injudiciously located.</p> <p>2. But one whose boats are injured by striking against a pier, cannot recover damages merely because of a mistake of judgment in locating the pier; for the location and time of removal of the necessary false or temporary piers are likewise in the discretion of the company, and in the absence of wanton abuse, the exercise of such discretion cannot impose a liability for damages.</p> <p>3. At all events, in the present ease there being no evidence of want of reasonable care on defendant’s part, and the undisputed facts indicating that the injury was due to a want of sufficient care on the part of plaint- . iff, resulting from his adoption of a particular method of passing under the bridge, the jury were properly instructed to render a verdict for the defendant.</p>