Erie v. Erie Traction Co.

Citations

• 222 Pa. 43
• 70 A. 904
• 1908 Pa. LEXIS 656

Syllabus

<p>Street railways — Municipal consent — Use of other company’s tracks without municipal consent — Constitutional law.</p> <p>A grant by a municipality to a street railway company to operate its own lines on certain streets and subject to certain conditions and regulations does not carry with it the right of the company obtaining such franchise to permit other companies to come into the city and use its tracks without municipal consent and against municipal protest.</p> <p>Where a street railway company has lost municipal consent to the use of streets by nonperformance of precedent and subsequent conditions in the ordinance granting the consent, it cannot operate its cars on another company's tracks with the consent of such company, but without municipal consent.</p> <p>The provision of section 9, article XVII of the constitution that “no street passenger railway shall be constructed within the limits of any city, borough, or district without the consent of its local authorities,” is not to be construed so as deprive municipalities of a right to require street railway companies to secure municipal consent, not only for the “construction” but also for the “operation” of their lines.</p>