The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1903-08-20
The BRIDGE AGAIN.
Counsel for the Commissioner
Files Answer In Notorious
Mifflinville Bridge
Matter.
The Bridge Company's Side.

ne we'll nlgn notorious equity
proceedings, resultant from the con-
struction Of the bridge over the river
at Mifflinville, had another airing
on Saturday afternoon when the
County Commissioners through
their solicitor J. Boyd Robson filed
their answer to the Pennsylvania
Railroad Company's bill of COM
plant. In the said answer the
Commissioners state: "These de-
PENDANTS are not making or building
| any highway other than the bridge
which they are required to build.
Nor are they, as they are informed
and believe, and are advised, re-
quired to construct the bridge with
| any intention whatever as to any
highway approach across the COM
pany's tracks. The bridge approach
does not touch any tracks of the
plaintiff, nor is it necessary for any
one in order to get to such bridge
to cross the railroad of the said
plaintiff at grade at a place where
no crossing exists or has ever be-
fore existed" "
The defendants further answer as
follows: THAT at the south end of
the said bridge is public common,
conveyed to the public by the pro-
prietcrs of the land, who laid out
and established the village or town
| of Mifflinville; that for many years
before said railroad was built, and
in fact for over fifty years, the pub.
lie had free and lawful egress and
| ingress over and upon said common
from and to the village and sur
rounding country, and from and to
the river, in the nature of a public
highway for fishing, transportation
and travel, and for crossing and re-
crossing said river, ard that the
occupancy of said common or the
lands comprising said public COM
mon by the said railroad company
by their tracks or structures of any
kind, is, and has been without law
full right or authority, and in viola
tion of the public right thereon.
"And tor further answer these
defendants are informed and believe
and do aver, that the building and
erection Of the said bridge was regu-
larly and lawfully undertaken and
carried on according to the laws of
the Commonwealth applicable there
to that in the legal proceedings
relating thereto the plaintiff in this
bill of complaint was a party Of
record; that the specifications, plans,
contracts and minutes of the board
of Commissioners relating thereto
have at all times been open to public
inspection, and to the scrutiny OF
the plaintiff and all others interest
ed; that in the prosecution of the
work of building said bridge the
plaintiff has transported to the
site of the bridge nearly all the
material used and intended to be
used in the erection and construc-
ton hereof by the contractors, and
from about the commencement OF
the work, has constructed and main-
tanned near the south abutment OF
said bridge, a siding track in order
to deliver materials and supplies
needed and to be used by the con-
tractors; that before the filing of the
plaintiff S bill about all the material
and supplies needed and to be used
in the construction of the bridge
were on the ground; that work had
been proceeding for nearly a year,
and the southern abutment complet-
ed and the northern abutment was
about finished; that some of the
piers were ready for the superstruc'
ture, and all far advanced in con-
struction; that active operations in
placing the superstructure were in
progress, and the whole of said
superstructure was manufactured
and on the ground in fulfllment ol
the plans and specifications; that
further delay would cause great
public inconvenience and serious
| loss to those interested in the work
that any change in the plans and
specifications would be impracti'
cable by reason of the great expense
necessarily involved, and if practi-
cable would be unwarranted and
unauthorized by law; and further,
that the plaintiff, by reason of its
conduct and its delays, is not EMIT
led to claim the exercise of the
equity powers of the court in its
behalf.
"And for further answer these
| defendants say that they are advised,
| =. reoJ o.J ha1;ava oud dO aver