West Branch Logging Co. v. Strong, Deemer & Co.

Citations

• 196 Pa. 51
• 46 A. 290
• 1900 Pa. LEXIS 469

Syllabus

<p>Boom companies — Tolls—Acts of June 22,1883, P. L. 156, sec. 2, May 21, 1889, P. L. 259, sec. 2.</p> <p>Under the Act of May 21, 1889, amending the act of June 22, 1883, relating to boom and logging companies, a boom company is not confined to its statutory remedy for the collection of tolls, by the stoppage of logs, but as such remedy is inadequate owing to the frequent impossibility of stopping logs, it has the additional remedy of an action of assumpsit.</p> <p>The words “ consent to ” in the last line of the proviso of the Act of May 21, 1889, have no other meaning than “ shall.” A boom company is not bound to furnish the means of floating “unless the owner of the timber and logs shall [consent to] pay the tolls provided for in this act.”</p> <p>In an action by a boom company to recover tolls, where the evidence ■ shows that the timber from which the logs were made was grown on defendant’s lands, and a paper filed of record admitted that the logs were floated out of the stream by the defendant, the defendant will not be permitted to allege that the logs were cut by independent contractors who had obligated themselves to pay all the costs of transportation.</p>