Lock Haven Bridge Co. v. Clinton County

Citations

• 157 Pa. 379
• 33 W.N.C. 168
• 27 A. 726
• 1893 Pa. LEXIS 1427

Syllabus

<p>[Marked to be reported.]</p> <p>Bridges — Eminent domain — Constitutional law.</p> <p>A provision in the charter of a bridge company by which the legislature reserves the right to purchase the bridge after the expiration of twenty years by paying to the company “ a sum of money, which, together with the dividends declared, shall equal the cost of constructing said bridge and ten per centum per annum interest thereon,” does not imply a relinquishmentjoy the legislature of any right by which the property of the company may be taken for public use. The power of eminent domain is one of the essential incidents of sovereignty, and one legislature cannot contract with a corporation that its property shall not be taken by the exercise of eminent domain.</p> <p>Proceedings to free toll bridge — Evidence.</p> <p>In proceedings to free a toll bridge, evidence as to the erection and maintenance of free bridges a short distance below the one in question is competent and relevant. The natural effect of the free bridges would be to attract at least some travel that would otherwise pass over the plaintiff company’s bridge, and to that extent affect its income from tolls. That and other circumstances affecting the earning power and value of the property are proper for the consideration of the jury.</p>