Monongahela Bridge Co. v. Pittsburgh Railways Co.

Citations

• 240 Pa. 121
• 87 A. 619
• 1913 Pa. LEXIS 640

Syllabus

<p>Municipalities — Street railways — Bridges—Use of Bridge — Municipal consent — Rental—Set off.</p> <p>1. Where a municipality has acquired all the stock of a bridge company and a street railway is rightfully upon the bridge by and with the consent of the municipality, pursuant to an ordinance, and no rent has been made a condition of the consent, the municipality cannot thereafter exact rental; all it can do in such case is to require of the railway company a license fee in an amount reasonably sufficient to indemnify it for whatever cost and expense by way of repair, maintenance and supervision of the bridge it is called on to bear by reason of the extraordinary use to which the structure is subjected.</p> <p>2. Where in such case the railway company had succeeded to the rights of another street railway company by merger, which latter company had obtained the consent of the city to use the bridge, upon condition that it would pay an annual rental of a specified sum, the railway company is not entitled to set off the amount so paid in an action to recover under the police power for the expenses of repairing, maintaining and supervising the bridge.</p> <p>Mr. Justice Moschzisker dissents.</p>