Reports of Cases Argued and Adjudged in the Supreme Court of the United States (Volume 54)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905. Excerpt: ... State of Pennsylvania v. The Wheeling &c. Bridge Co. et al. 4. That the commissioner, in his report, argues to prove that wire suspension-bridges are not adapted to the uses of railroads; which opinion, or argument, is not only incorrect, but is on a subject not referred to him, and it can only tend to prejudice the defence improperly. See Rep., pp. 17, 20. 5. That the commissioner reports that the Wheeling Suspension-Bridge, referred to in the pleadings and proofs in this cause, is an obstruction of the free navigation of the Ohio River, at the place where it is erected across the same, by vessels propelled by steam, which are now engaged in the commerce of that river, and by such vessels as will undoubtedly be engaged in such commerce hereafter, at that place, while such bridge is permitted to remain without material alterations. Whereas, it appears by the evidence in the cause, that the said bridge is not such an obstruction. See Rep., p. 45. 6. That the commissioner reports that a change or alteration of said bridge can, and should be made by raising the suspension-cables and flooring, so as to give a level headway at least three hundred feet wide, over a convenient part of the channel of the river, of not less than 120 feet above the level of zero, on the Wheeling water-gauge, and below the lowest projections of the flooring of the bridge and the greatest deflections of the suspension-cables, at a medium temperature of the atmosphere. Rep., p. 53. 7. That the commissioner has decided the ques-rggg tions referred to him upon the assumption that, if any steamboats navigating the Ohio, however few, can attain an increase of speed, however slight, by using the tallest chimneys, where such increase of speed is beneficial to travel and commerce, in howe...