The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1902-08-21
THE TROLLEY AMI THE BRIDGE.
How Trolley Company May Cross River
Bridge at Catawissa-0 Opinion Of Court.

The Columbia & Montour Electric
Railway Company and NJ. F. d. Scan
Ian & Company, plaintiffs, VS.. the
County of Columbia and William
Krickbaum et al. Commissioners oi
Columbia County, defendants. In the
Court of Common Pleas of Columbia
County. Sitting in Equity. No 2, May
Term 1902.
The plaintiff company is stree,
railway company, duly incorporated
under the Act of I4th May, 1889, P.
l.. All. A portion of its electric
railway, which 1t is authorized to con-
struct and MAINTAIN, leads from the
Town Of Bloomsburg to the Borough
of Catawissa. M. F. d. Scanlan &
Company are the contractors for the
construction and equipment of the
railway. The road is constructed
from Bloomsbury to the western ap-
ptoach OF the river bridge crossing
the Susquehanna River at Catawissa,
and is in daily operation. The road
is being operated upon some of the
streets of Bloomsburg, and to Ber-
wick.
The river bridge forms a connecting
link in the lire of the plaintiff COM
pany's route to enter Catawissa, and
is the only means upon which the
company can construct its line to en-
ter that borough. The borough au-
thorltes OF Catawissa have given the
company consent to enter upon the
streets for their railway. This is a
county bridge, under the care, super
vision and control of the County
Commissioners.
With a view of entering into an
agreement as 10 what changes would
be necessary to be made to strength
en- the bridge and fit 1t for the use
of the plaintiff company, together
with the public, the railway company
and the County Commissioners agreed
upon the selection OF an engineer,
who was to make an examination of
the bridge and report to- the County
Commissioners. Boyd Trescott was
chosen, and on April 4th filed re-
port in the Comissioner's Office. This
report sets forth, in detail, the changes
required to be made in order to
strengthen the bridge, an estimate of
the cost thereof, and also an estimate
of the cost of keeping the bridge in
repair.
The Commissioners and the plain
tiff company are unable to agree upon
the terms and conditions which the
railway company should perform and
obligate themselves to do, before be-
ing permitted to construct and oper-
ate its railway across the bridge.
1t is averred on the part Of the
plaintiffs that the County Commiss-
ioners refuse to give such terms as
are reasonable while upon the part OF
the County Commissioners it is
claimed that before the engineer was
appointed and made report, they
caused an article of agreement to be
prepared, wherein was stipulated the
terms and conditions to be performed
by the plaintiff company, before they
should enter upon the bridge for the
construction of their railway; and that
these terms were reasonable; that the
plaintiff company declined to join the
execution of the agreement, and &C
eept the conditions therein stipulated.
This unexecuted agreement, as pre-
pared, among other things, provides
that the railway company shall lay
TWO tracks for the operation of its
cars, one on either side of the bridge;
that while the bridge was occupied by
the railway company it shall keep the
bridge in good repair, for it's own use
and the use Of the travelling public, at
is own cost and expense, but if the
company shall neglect or refuse to
make the necessary repairs, then the
County Commissioners shall make the
repairs, and recover the costs and ex-
oenses incident thereto, from the
company; and that the bond in the
agreement provided for, shall contain
clause providing for the securing of
iuch costs and expenses.
The plaintiff company aver that
pnly one track should be laid across
he bridge, and upon the southern or
Iower side thereof; and that the repairs
Incident to the maintenance of the
ridge should not extend beyond keep
hg in repair the half of the bridge
Upon which the railway is laid.
The plaintiff company has the right
20 occupy this bridge with their rail
way, and operate their cars thereon.
The County acting through the Coun-
y Commissioners, cannot exclude
hem from the use OF it.
"When the proper local and NUM-
e,inal a nf horitiec have ofiven THAR c<,,,