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· 7/29/1898

Borough of North Braddock v. Second Avenue Traction Co.

Citations

  • 8 Pa. Super. 233
  • 1898 Pa. Super. LEXIS 49

Syllabus

<p>Municipal law — Street railways — License tax — -Policepower—Reasonable ordinance — Affidavit of defense.</p> <p>A municipality has the right to impose a reasonable license tax on electric cars as an exercise of police powers. The amount of the license fee rests in the first instance with the city and it is only where discretion is abused that the courts are justified in interfering. Judgment will not be refused where the defendant in alleging unreasonableness swears to his own conclusions of law and fact without stating the facts upon which that conclusion is founded.</p> <p>Municipal law — Ordinances—Charge of vagueness — License tax on cars —Street railways.</p> <p>A municipal ordinance is not void as being vague and indefinite, in the imposition of a license tax on cars operated by a street railway company, when provision is made enabling the company to obtain an annual license, for all cars owned or operated by it, by the annual payment of a fixed sum.</p>

Judges: Beaver, Orlady, Porter, Reeder, Rice, Smith, Wickham

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