McCune v. Berry

Citations

• 237 Pa. 572
• 85 A. 890
• 1912 Pa. LEXIS 969

Syllabus

<p>Bridges' — County bridges — Reconstruction—Bridge companies— Acts of May 6, 1897, P. L. l¡-6; May 18, 1901, P. L. 191, and April 25, 1907, P. L. 119 — Constitutional law.</p> <p>1. Where a bridge crossing a navigable river which is the dividing line between two counties has been abandoned and destroyed by the bridge company which owned it in compliance with an order of the Secretary of War, proceedings to construct a new bridge in substitution of the old one by the two counties interested must be under the Act of May 6, 1897, P. L. 46, as amended by the Acts of May 13, 1901, P. L. 191, and April 25, 1907, P. L. 119.</p> <p>2. The word “otherwise” in the Act of May 6, 1897, P. L. 46, does not mean some casualty ejusdem generis with ice and flood, but means some other greater power that is as eSeetive in destroying the bridge as an extraordinary flood of water and ice would be.</p> <p>3. If a county bridge has been abandoned by a bridge company in obedience to an order of the Secretary of War, and the United States Government requires the elevation of the bridge to be such as to require more extended approaches, the commissioners, may if the public necessities require, rebuild the bridge on the old site, and take additional ground for an approach on a borough street; and the consequent injury caused thereby to private property does not make their action in building the bridge illegal.</p> <p>4. The Act of May 6, 1897, P. L. 46, as amended is not unconstitutional.</p>