Youghiogheny River Bridge

Supreme Court of Pennsylvania
Youghiogheny River Bridge, 168 Pa. 454 (Pa. 1895)
31 A. 1096; 1895 Pa. LEXIS 822
Dean, Green, McCollum, Mitchell, Sterrett

Youghiogheny River Bridge

Opinion of the Court

Per Curiam,

This proceeding for the erection of a county bridge over the Youghiogheny river, between the boroughs of Connellsville and New Haven, appears to be under the act of June 18, 1886, P. L. 560, the thirty-fifth section of which provides, among other things, that “ if, on the report of viewers, it shall appear to the court, grand jury and commissioners of the county that such bridge is necessary and would be too expensive for such township or townships, it shall be entered on record as a county bridge.” In the decree of court finding “ that said bridge is necessary and would be too expensive for said boroughs of Connellsville and New Haven,” and approving “ the report *456of the viewers and finding of the grand jury,” it is accordingly “ ordered that the same be referred to the commissioners .... for such action as they may deem expedient and proper in accordance with law; and, if approved by them, that the same be recorded as a county bridge.” This decree is at best only provisional. It is neither effective nor final unless the county commissioners concur in the findings of the court and the grand jury. If they refuse to concur, without more, the proceeding falls. It they elect to exercise the authority vested in them by the first section of the act of May 25, 1887, P. L. 267, and merely assist in building the bridge, a different result is accomplished. It does not appear in this case, nor is it even alleged that the commissioners have taken any action in the premises. If they have not, this appeal is clearly premature ; and, acting on that assumption, we think the appeal should be quashed.

Appeal quashed.

Reference

Full Case Name
Youghiogheny River Bridge. Youghiogheny Bridge Co.'s Appeal
Cited By
2 cases
Status
Published
Syllabus
Bridges — Appeals—Review. Iu a proceeding for the erection of a county bridge between two boroughs, a decree of the court below finding that the bridge is necessary and would be too expensive for the boroughs, and approving “ the report of the viewers and finding of the grand jury,” and ordering “ that the same be referred to the commissioners for such action as they may deem expedient and proper and in accordance with law and, if approved by them, that the same be recorded as a county bridge,” is neither effective nor final unless the county commissioners concur in the findings of the court and the grand jury. Such decree is only provisional, and when it does not appear that the commissioners have taken any action in the premises an appeal is clearly premature and will be quashed.