The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1902-08-21

the roadways constituting the ap
proaches, as herein indicated.
The permissible rate of speed al
which the plaintiff company should
operate their cars over this bridge,
ought to be limited so as not to ex.
ceed a rate of four miles per hour. In
view of the nature and extent of the
use made by the public of this bridge,
this limitation Of the rate of speed is a
reasonable regulation, as a condition
OF the contemplated use by the plain.
tiff company.
This railway company shall use what
is known as the u rail, the kind used
by this company on the streets of Ber-
wick, IN the construction of their rail-
way across the bridge, and upon the
approaches thereto.
Under the conditions hereinbefore
noted, we believe that experience will
show that the inconveniences and an.
noyances necessarily TO be borne by
the general public, in the operation of
a street railway over this bridge, will
be narrowed within the least practi-
cable scope,
Very serious inconvenience is no
doubt apprehended by the general
public, and, perhaps, arises from a
mistaken view entertained in respect
to the rights of the street railway COM
pany, over the portion of the highway
occupied by its track. Street railways
do not have an exclusive right to use
the highway with their tracks. In this
they are unlike steam railroads. These
shave the exclusive right to the use of
their tracks at all times and for all
purposes, except at road crossings
Street roilways have not this exclusive
right Their tracks are used in com.
mon by their cars and the travelling
public. While this common use is
conceded, and is unavoidable in towns
and cities, the railway companies and
the public have not equal rights.
Those of the railway companies are
superior. Their cars have the right
of way, and it is the duty of the cit.
zen, whether on foot or in vehicle. to
give unobstructed passage to the cars.
This results from two reasons: First,
the fact that the car cannot turn out
or leave its track, and secondly, for
the convenience and accommodation
of the public. These companies have
been chartered for the reason, in part,
at least, that they ale public accom-
mediation. The convenience of an
individual, who seeks to cross one of
their tracks, must give way to the
convenience of the public. 1t would
be unreasonable that car load of
passengers should be delayed by the
unnecessary obstruction of the track
by a passing vehicle. On the other
hand it is the duty of the companies
to see that their motormen shall be on
the alert, not only at street crossings,
but everywhere upon the tracks, to
see that citizens are not run down and
injured" Per Paxson, Chief Justice,
IN Chrisman VS.. Harrisburg Railway
Co., $50 P. S. R., I8o.
1t appears that this bridge was
opened for the public use in 1898; |
that it has not been painted; that rust
is doing its work and that the bridge
requires to be now painted, to prevent
deterioration Of this iron superstruct-
ure. The plaintiffs urge that they
should not be Obliged to contribute
anything towards the painting OF the
bridge, because the county would
have to paint the bridge, whether oc-
cupled by the railway or not, while on
the other hand the Commissioners
urge that the plaintiff company should
paint it at their own expense.
The painting of the bridge is an
incident of its maintenance. If the
bridge requires to be painted 1t ought
to be promptly done by the party
upon whom the law has cast that
responsibility, as well as of making all
other repairs. Even if the plaintiff
company should occupy the bridge
with its track, the duty and respon.
sibility OF properly maintaining the
bridge in good condition of repair,
should remain where it now is. The
county is bound to keep the bridge
open and In good repair.
The amount which the plaintiff
company should pay tor the use of
the bridge ought to be based upon
what the county will probably pay
out for its maintenance and repair.
We believe that the county will be
subjected to costs and charges in
keeping the bridge open for the pub
lie use, with the operation of street
railway upon it, that have not been
noticed by the engineer, and which
experience will demonstrate. But
these elements of charges are prob