Crawford County Street Railway Co. v. Meadville

Citations

• 228 Pa. 606
• 77 A. 928
• 1910 Pa. LEXIS 533

Syllabus

<p>Street railways — Franchise—Nonuser—Recovery of money paid to cover repairing — Municipal corporations — Streets—Statute of limitations.</p> <p>1. Where a street railway company, in accordance with the provisions of an ordinance, pays a city a fixed sum “as a condition to the granting of the franchise” and pays the city another fixed sum to cover the estimated cost of paving displaced “in case the track of the company shall be laid in any street which had heretofore been paved,” the latter sum is held as a deposit to become the moneys of the city only on condition that the company enters upon the paved streets and is recoverable in an action of assumpsit upon expiration of the franchise of the company without user.</p> <p>2. In such case, the money held to cover the estimated cost of paving displaced is held on deposit and the statute of limitations does not begin to run until some act of conversion by the city.</p>