City of Philadelphia v. Philadelphia City Passenger Railway Co.

Citations

• 177 Pa. 379
• 35 A. 720
• 1896 Pa. LEXIS 994

Syllabus

<p>Street railways — Paving—Lease.</p> <p>A street railway company chartered by a special act in 1857 was required under a supplementary act passed in 1863 “ to keep in repair only so much of said street as may be within their tracks.” Prior to the adoption of the constitution of 1874, the company under the authority of an act of the legislature passed in 1870 executed a lease of its line. Eeld,</p> <p>(1) that the legislature by authorizing the lease enabled the lessee by necessary implication to acquire and exercise all the rights and powers possessed by the lessor; (2) that the city had no power ünder such circumstances to compel the lessee to keep in repair the portion of the street outside of the tracks.</p> <p>Street railways — Paving—Intersection of streets.</p> <p>A street railway company was required by its charter and city ordinances to keep in repair the streets on which its tracks were laid. The company occupied two streets which intersected a wide avenue at right angles. The city passed an ordinance providing for the removal of the stone pavement on the wide avenue, and for the repaving of it with asphalt. No reference was made in the ordinance to intersections, and the contract for repaving was made with the contractor as a whole without regard to street intersections. The improvement was undertaken in obedience to public opinion, and with a view to making the street a great public thoroughfare or driveway. Held, that the street railway company was not liable for the cost of the repaving so done at the intersections.</p>