142 Pa. 144 | Northampton Cty. Ct. Qtr. Sess. | 1891
Opinion,
The defendants were the authorized agents of the Lehigh Coal & Navigation Gompany, and their rights must be judged
In the present case the location of the road at this point was opposed by the navigation company on the ground that it would interfere with their franchises, and their exceptions to the report of the viewers were dismissed on the express ground that the road would not and could not legally be allowed to do so. It appears from the opinion of the learned court in that case, that the chief interference anticipated was from the contemplated building of a bridge across the canal and tow-path. We gather, however, from the present record that the contemplated bridge was never built, but instead, the public crossed directly over the lock-bridge and tow-path; the supervisor treating them as part of the public road for that purpose, and raising the tow-path so as to make the road easier for public travel. Whether this was in strict accordance with the decree of the court confirming the view of the road, or with the rights of the navigation company, we need not at present inquire. It is sufficient that it established a status as to the respective rights of the two highways, and may be fairly considered as doing so under the implied sanction of the court in its decree in the road proceedings.
This status lasted more than two years, from June, 1888, to November, 1890, when it was changed by the supervisor. The facts are not disputed. The point of intersection was a hollow as to the road, while it was a rise or elevation as to the towpath. It was to some extent an inconvenience to both. The supervisor, under the pretence of repairs, filled in the hollow
On the undisputed facts in evidence, the defendants’ fourteenth point should have been affirmed, and the jury directed to render a verdict of not guilty.
Judgment reversed.