City of Philadelphia v. Empire Passenger Railway Co.

Citations

• 177 Pa. 382
• 35 A. 721
• 1896 Pa. LEXIS 995

Syllabus

<p>Street railways — Duty to repair streets — Municipal control — Act of February 10, 1869.</p> <p>The act of February 10, 1869, P. L. 130, incorporating the Empire Passenger Railway Co., provides as follows : “ The said company is hereby authorized and empowered to construct and lay the said railway without obtaining the consent of the city councils of the city of Philadelphia; but whenever the said railway shall be laid and used by running passenger ears thereon, the said company shall be subject to the ordinances of the city of Philadelphia regulating the running of passenger railway cars.” Held, (1) that the company was not liable under the city ordinances requiring street railway companies to pave streets; (2) that the ordinances referred to by the act were such as merely regulated the running of cars by prescribing the frequency with which cars should be run, the rate of speed, the protection of the public at crossings, and similar subjects.</p>