Point Bridge Co. v. Pittsburgh Railways Co.

Citations

• 240 Pa. 105
• 87 A. 614
• 1913 Pa. LEXIS 639

Syllabus

<p>Municipalities — Street , railways — Bridges — Use of bridge— Municipal consent — Rental—License tax.</p> <p>1. Where a street railway is rightfully 'upon, a bridge controlled by a municipality 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 that it can do in such ease is to require of the railway company a license fee in 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 a municipality has acquired all the stock of a bridge company on which an electric railway company operated its railway paying rental to the bridge ■ company, and the municipality frees the bridge and without any conditions or rental, the municipality cannot thereafter, in a suit brought in the name of the bridge company, collect a rental from the railway company for the use and occupation of -the bridge. In such a case the consent having been once given by the city, and accepted by the street railway company, a contract exists between the city and the company which is under the protection of the Federal Constitution and new conditions cannot thereafter be imposed by the city for the use of the bridge.</p> <p>3. In the trial of such- action it is error for the case to be submitted to the jury on the theory that a rental could be recovered, and for the court to admit evidence tending to show the amount of rental which would be reasonable. All that the city may-show is the additional cost for supervision and repair of the bridgé, resulting from the extraordinary use made of it by the railway company.</p> <p>Mr. Justice Moschzisker dissents.</p>