City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger Railroad

Citations

• 177 Pa. 371
• 35 A. 718
• 1896 Pa. LEXIS 992

Syllabus

<p>Street railways — Paving streets — Repairs of streets — Act of April 6,1859.</p> <p>The act of April 6, 1859, P. L. 389, incorporating the Hestonville, Mantua & Fairmount Passenger Railroad Company provides that “ The city councils may from time to time, by ordinance, establish such regulations in regard to said railway as may be required, for paving, repaving, grading, culverting of, and laying gas and water pipes in and along said streets, and to prevent obstruction thereon.” Held, that this provision of the act does not mean that the railroad company may be required to pave, to repave, to repair or grade, or lay water or gas pipes along all the streets it traverses with its railway, but that it shall not obstruct the city in the prosecution of municipal improvements-upon the city streets.</p> <p>Where a street railway company is required by its charter to keep the streets in “ perpetual good repair” at its own expense, it must keep in repair the pavement, whatever its style may be, which the city has placed, or has caused to be placed, upon the particular street upon which repairs are necessary; but it is under no obligation to replace a pavement with a new, and improved and more expensive style of pavement whenever the city shall so direct.</p>