Ashworth v. Pittsburg Railway Co.

Citations

• 44 Pa. Super. 326
• 1910 Pa. Super. LEXIS 174

Syllabus

<p>Street railways — Common carriers — Passengers—Rates—Classification of cities — Municipalities—Constitutional law — Local and special legislation — Act of June 7, 1907, P. L. 453.</p> <p>1. The regulation of fares to be charged for riding on a street car in a city is a municipal regulation, and this is the case whether the regulation is affected by a grant of power by the legislature to the city to. make it, or is made by the legislature itself.</p> <p>2. Street railways are dependent upon municipal permission and are subject to municipal regulation and control within the authority delegated by the state, but there is always in reserve the authority of the legislature to do directly what it authorizes its creature to do.</p> <p>3. The Act of June 7, 1907, P. L. 453, entitled, “An Act to regulate the maximum rate of fare to be charged for transportation of passengers by street railway companies or corporations in the cities of the second class of the Commonwealth, and prescribing a penalty for the violation thereof,” is not unconstitutional as local or special legislation, and does not involve an improper classification of cities.</p>