Lawrence County v. New Castle Electric Street Railway Co.

Citations

• 8 Pa. Super. 313
• 1898 Pa. Super. LEXIS 61

Syllabus

<p>Street railway — Bridges—Consent of authorities — Control by court.</p> <p>When the proper local and municipal authorities have given their consent to the use by a street railway company of a highway of which a county bridge forms a part, the county commissioners cannot arbitrarily refuse the use of the bridge to the company. If they do so refuse the matter may be controlled by the courts, and the company permitted to proceed upon giving security that it will faithfully abide by the proper terms and conditions tobe imposed by the authorities relating to the manner and use of the bridge, the repairs, and the payment of rent which may have been or may thereafter be agreed upon by the parties, or in the absence of agreement be determined by the court. These rules apply equally when the company proposes to lay an additional track.</p> <p>Street railway — Bridges—Injunction—Equity.</p> <p>Where a railway company and county commissioners fail to reach an agreement touching the extension of the company’s tracks and particularly fail tomgree as to rental, a decree by the court below granting express permission to proceed with the work, without regulations to preserve the rights of the county and the safety of the public, is improvident and will be reversed. The court must keep itself in such position as on final hearing to make such decree on all disputed matters as the proofs will warrant.</p> <p>In the case at bar the safety of the bridge not being in controversy, the appellate court did not reinstate the preliminary injunction pending final determination of the case.</p>