198 Pa. 1 | Pa. | 1901
Opinion by
The .authority of county commissioners to build a county bridge is derived from statutes, and the steps prescribed for this purpose must be pursued with at least reasonable strictness and diligence. The proceedings in the present case are irremediably defective in both respects. Applications were made to the quarter sessions for a county bridge at or near the location now in controversy, and proceedings were had thereon as found and reported by the court below as follows :
At January sessions, 3883, the viewers reported that the bridge was not necessary.
. At January sessions, 1884, the viewers reported in favor of a bridge at the old ferry on the site of a former view, but the grand jury did not approve it.
At June sessions, 1889, the viewers reported in favor of a bridge, but the grand jury disapproved it.
At. March sessions, 1891, the viewers reported the bridge necessary, but did not locate the site thereof as set forth in the petition because “ there is no good location near the points specified in petition.”
' At June sessions, 1891, on a petition for a bridge where the public highway from Newport to Hardscrabble crosses the riven; at what is known or was formerly known as the Van Eman Ferry, the viewers reported that “ the bridge proposed in the petition and order to view is necessary .... and did locate the site thereof, but the site is not at the place named in the petition, where a public road crossed the same, but is about one sixth of á mile further down the river where no public road crosses the same.”
This report was approved by the grand jury September 10, 1.891, and was confirmed by the court, September 19, 1891.
How far this last petition was connected with the preceding ones, or was a new start, does not clearly appear, nor .is it now material to inquire. We may treat it as a movement de novo, and the previous ones as bearing on it only as collateral evidence that the proposed action did not command ready assent from the necessary authorities, and therefore called for careful observance of all the prescribed statutory steps. No further step was taken for seven years and a half until January, 1899, when the county commissioners then in office, without any official approval of the necessity of the bridge or determination that the expense of it would be too great for the townships to bear,- and without entering it on. record anywhere as a county bridge, made a contract with the Pittsburg Bridge Company, one of the defendants, to build the bridge now in controversy. The-attention of the commissioners being apparent^ called to this omission, they subsequently entered on their minutes that “.on motion it was agreed that the commissioners for the county build a bridge over the Beaver river at Newport as prayed for
The learned judge below reviewed these various objections, but was of opinion that they could be effectually cured by a resolution of the commissioners, and were not sufficient to invalidate the proceedings. It was in pursuance of this suggestion by him that the abortive attempt at approval was made by the commissioners which has just been discussed. We cannot concur in this view.
It is argued by appellant that the approval of the bridge as a county bridge by the commissioners must be entered of record in the quarter sessions, and though the statute is somewhat indefinite on this point, yet such seems to be its fair intendment. The Act of June 18, 1836, P. L. 560, provides that “the court having jurisdiction as aforesaid .... shall order a view . . . . and if on the report of viewers, it shall appear to the court, grand jury and commissioners of the county, that such bridge is necessary and would be too expensive for such township, or townships, it shall be entered on record as a county bridge: ” Sec. 35.
“Whenever a bridge shall be authorized and recorded as a county bridge, it shall be the duty of the commissioners to pro
We are not to be understood as holding that this course is indispensable in the first instance. If it should become important at any time, a copy of the resolution or even a minute of less formal action by the commissioners could no doubt be allowed by the court to be filed nunc pro tunc to complete its record. But in the present case there never was any approval by the commissioners nor even any attempt to approve until too late. The statute contemplates a proceeding at least reasonably continuous. A break of seven years and a half and then precipitate action by new officers is clearly unreasonable. All parties interested might fairly have inferred that the enterprise had been abandoned. The proceedings in this case from the start are unfortunately too grossly irregular and defective to be sustained, and would have to be quashed upon motion of any party having an interest to give him standing.
• The standing of the complainant is questioned but without just ground. The railroad is in long continued and existing possession and operation at the point of controversy. The answer of defendants admits that the construction of the bridge in the
Decree reversed, bill reinstated and injunction directed to be issued enjoining defendants, their officers, agents and employees from further proceeding in the construction of the bridge in controversy in such manner as to interfere with the property or operations of the complainant. Costs to be paid by the appellees.