Point Bridge Co. v. Pittsburg & West End Railway Co.

Citations

• 230 Pa. 289
• 79 A. 567
• 1911 Pa. LEXIS 603

Syllabus

<p>Bridges — Equity — Equity practice — Decree—Street railways — Compensation — Action at law — Cities—Ownership of bridges.</p> <p>1. Where a disagreement arises concerning the compensation to be paid a bridge company for the future occupancy of a bridge by a street railway company which had changed its motive power to electricity, after having, for a number of years, operated a line of horse cars across the bridge, a bill in equity, filed by the railway company asking that the bridge company be restrained from interfering with the operation of its cars and praying the court to fix the compensation to be paid, is an appropriate proceeding and equity has power to enter a decree therein fixing the compensation at a stated sum for a term of years thereafter with a provision for modification of the decree for proper cause on application of either party.</p> <p>2. Where in such case the city in which the bridge is located acquires control of the stock of the bridge company and opens the bridge to the general public and, thereupon the railway company declines to make further payments, the bridge company is entitled to maintain an action at law against the railway to recover the amount due under the terms fixed in the decree.</p> <p>Bridges — Purchase of stock by cities — Compensation for use — Street railways.</p> <p>3. The purchase of the entire stock of a bridge company by the city in which the bridge is located does not dissolve the corporation or vest in the city the title to the property of the bridge company or prevent the bridge company from collecting compensation for the use of the bridge from a trolley company under arrangements theretofore existing, although the bridge is made free to other travel.</p>