Clarion Turnpike & Bridge Co. v. Clarion County
Clarion Turnpike & Bridge Co. v. Clarion County
Opinion of the Court
Opinion by
The Susquehanna and Waterford Turnpike Company was, by special act of February 22, 1812, chartered to construct a turnpike from Waterford in Erie county to the Susquehanna river near the mouth of Anderson’s creek in Clearfield county. The company was duly organized, and in the year 1820 built its road on its route between terminals, from Brookville, Jefferson county, to Franklin, Venango county. About the year 1856 this part of the pike was abandoned, and was taken in charge as a public road by the supervisors of the townships through which it ran. By act of 10th of April, 1862, the plaintiff company was chartered, and authorized to appropriate so much of the old Waterford turnpike as lay between the west line of Clarion county and the borough of Brookville, Jefferson county; and further, to charge such tolls as were allowed to be collected by the charter of the old company. It was also, by the fifth section of the same act authorized to erect and maintain a bridge over the Clarion river, where the old turnpike struck the river, and to charge tolls for the use of the bridge to an amount not exceeding such tolls as were authorized to be collected by the turnpike company for two sections of five miles each on the turnpike. By a subsequent act, that of 14th of April, 1863, the same company was authorized to reconstruct all of the old pike east of the Allegheny river, and further, to increase its rate of tolls for use of the road between the Allegheny river and Brookville about nineteen per cent. In 1865 the plaintiff built the bridge over tbe Clarion river, half a mile west of the borough of Clarion. It is a wooden covered bridge, about 221 feet, single span, with stone abutments and proper approaches: this took the place of one erected by the company two years before, but which had been swept away by a flood. The company went on collecting tolls for the use of the bridge, until April sessions, 1890. of Clarion county, when proceedings were instituted under the act of 8th of May, 1876, to acquire the
“ That should the commissioners of Clarion county elect to erect a county bridge over the Clarion river at or near the point where the Susquehanna and Waterford turnpike road strikes said river, and maintain and keep the same in repair, the company hereby incorporated shall have no power or authority over the same, but it shall be the exclusive property of said county, and under its control; but should the said county commissioners neglect and refuse to erect a bridge as aforesaid, the company aforesaid are hereby authorized to erect a toll bridge at its own expense and costs, and to have the exclusive control thereof, and to levy a toll on all persons and property passing over the same, not to exceed in amount that authorized to be collected on two sections of the turnpike, and on all footmen, not to exceed two cents for each and every passage.”
The reasonable interpretation to be given this section, when read in connection with the whole act authorizing the appropri
All the conflicting evidence was submitted to the jury in a very full and careful charge, the summing up of which is the instruction requested in plaintiff’s third point: “ That the true measure of damages is just compensation for the loss suffered by plaintiff in consequence of the taking by defendant of plaintiff’s property, being the substructure, superstructure and approaches of the bridge, together with the franchise or right to take tolls, and the jury have no right to find less.” There could have been no more correct statement of the law.
The argument of appellant, that the supplement of April 14, 1863, established a new rate of tolls for both turnpike and bridge companjq in place of that in the act of 1862, and that no tolls could thereafter be charged for the bridge separate from the turnpike company, cannot be sustained. The act of 1863, throughout, has reference to tolls on the turnpike road, and by no reasonable construction can it be made to include the bridge expressly authorized by the fifth section of the act of 1862, for which a special rate of tolls was fixed.
Even if the bridge were an inseparable part of the turnpike, and the whole should, as appellant contends, be treated as one corporate property, the part taken, the bridge, should be estimated at its true value, when compared with the whole. If the gross receipts of this part were larger in proportion and the net also than any other part of the property, and the bridge be taken from them, they lose that part of their property which is of the greatest value. The principle contended for by appellant that, if the corporate property as a whole yields no net income a part of it is of no value, is palpably unsound; the
It will be noticed the act of 1876 provides that when paying tolls is too burdensome to the public, the county is authorized to acquire the bridge; the argument of the learned counsel fox-appellant tends to the conclusion that if the property be burdensome to the owners, the public should come to their x-elief by confiscating it. This is a misapprehension; the act is not based on a sort of guardianship of improvident owners, who persist in holding on to unproductive property, but oxx the idea that private property may be taken for public use, when the interest of the public is thereby promoted; but when thus taken, the public must pay for it in reasonable damages.
All the assignments of error are overruled and the judgment is affix-med.
Reference
- Full Case Name
- Clarion Turnpike and Bridge Company v. Clarion County
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Bridges — Turnpike companies — Highways—Act of April 10, 1862 — Acts of May 8, 1876, and April 14, 1863. Under section 5 of the act of April 10, 1862, P. L. 866, providing that should the county commissioners of Clarion county neglect and refuse to erect a bridge over the Clarion river at or near the point where the Susquehanna and Waterford Turnpike Road strikes said river, “ the company, aforesaid (The Clarion Turnpike & Bridge Co.) are hereby authorized to erect a toll bridge at its own expense and costs, and to have the exclusive control thereof, and to levy a toll on all persons and property passing over the same, not to exceed in amount that authorized to be collected on two sections of the turnpike, and on all footmen, not to exceed two cents for each and every passage; ” the authority in the turnpike company to construct and maintain a bridge at the point in question is a grant distinct and separate from the general powers to maintain and operate a turnpike road. In such a ease if proceedings are instituted under the act of May 8, 1876, P. L. 131, to free the bridge, the county acquires the bridge, but not a part of the turnpike, and by such acquisition it not only takes the structure and approaches, but a distinct and separable part of the company’s franchises. The Act of April 14, 1863, P. L. 429, relating to tolls of the Clarion Turnpike and Bridge Company, has reference to tolls on the turnpike road, and by no reasonable construction can it be made to include the bridge expressly authorized by section 5, of the act of April 10, 1862, P. L. 366, lor which a special rate of tolls is fixed. Bridges — Measure of Damages — Proceedings to free loll bridge. Where a bridge is taken by a county for public use under act of May 8, 1876, P. L. 131, the true measure of damages is just compensation for the loss suffered by plaintiff in consequence of the taking by defendant of plaintiff’s property, being the substructure, superstructure and approaches to the bridge, together with the franchise or right to take tolls, and the jury have no right to find less: Mifflin County Bridge v. Juniata County, 144 Pa. 374; Montgomery County v. Bridge Company, 110 Pa. 54, approved. In a proceeding to free a toll bridge owned by a turnpike company, it is immaterial, on the question of damages, that at times part of the net receipts were appropriated to keep up the turnpike road, as this in no way tended to depreciate the value of the bridge; that there were net earnings was important; what use was made of them was immaterial. It seems that even if the bridge were an inseparable part of the turnpike, and the whole should be treated as one corporate property, the part taken, i. e. the bridge, should be estimated at its true value, when compared with the whole.