Borough of Shamokin v. Shamokin Street Railway Co.

Citations

• 178 Pa. 128
• 35 A. 862
• 1896 Pa. LEXIS 1141

Syllabus

<p>Street railways — Repair of streets — •Contract boroughs.</p> <p>.- An ordinance of a borough granting to a street railway company the right to lay its tracks upon the streets of the borough, provided that the tracks should be laid upon the grade of the streets; that the company should “ maintain and keep in repair a road bed four and a half feet in width from the centre of their track, on either side of said centre,” that the company should use the same material in making such repairs that the borough might use for the same purpose or such other material as the borough should appi'ove; and that the company should on being notified so to do for fifteen days before the work was to begin join with the borough in the improvement of any street by repairing or macadamizing as the borough might elect, and repair and macadamize the nine feet of road provided for by the ordinance at its own cost. Held, that while the borough could not demand that the railway company should pay the cost of a pavement different in kind from what the borough .used, it could demand that the company should pay the cost of putting its tracks on the legal grade, and also its share of the cost of repairs as provided by the contract.</p>