Chester, Darby & Philadelphia Railway Co. v. Darby Borough

Citations

• 217 Pa. 275
• 66 A. 357
• 1907 Pa. LEXIS 696

Syllabus

<p>Street railways — Boroughs—Municipal consent — Use of street — Conditions — Removal of tracks — Equity.</p> <p>Where a contract between a borough and a street railway company provides that the company shall not take up or remove its tracks without the consent of the borough, and after the contract is in operation, the county reconstructs a bridge on which the tracks are laid in such a way that the tracks on the bridge do not align with those on the land, the street railway company has no right, secretly and at night, to take up its tracks to readjust them, without having made any attempt to secure the consent of the borough to such action. If the borough authorities interfere to prevent the taking up, of the tracks before the company obtains municipal consent, a court of equity will not at the instance of the company restrain them from so doing, but the borough cannot arbitrarily withhold consent or cannot burden its consent by conditions that impose further pecuniary obligations upon the company.</p>