Jitney Bus Ass'n of Wilkes-Barre v. City of Wilkes-Barre

Citations

• 256 Pa. 462
• 100 A. 954
• 1917 Pa. LEXIS 635

Syllabus

<p>Municipalities — Jitneys■—Regulation—Bonds — Requirement of corporate security — Continuing liability of surety — Unreasonable requirements — Act of June 1,1915, P-. L. 685.</p> <p>1. A city has the right to regulate in the interest of public safety, the running of jitneys as well as all other traffic upon the public streets. Regulation is not to be carried to the extent of prohibition. If from the usual manner of operating certain vehicles the public safety is endangered, the right and duty of special regulation is clear.</p> <p>2. An ordinance requiring a bond to secure the payment of such damages as may be sustained for loss of life, or injury to person or property occasioned on the public streets by the negligent operation of jitneys, is a reasonable regulation, provided the bond be not made prohibitive in its nature, either by being made too large ii amount or by being unnecessarily restricted as to the sureties who may sign it.</p> <p>3. A municipality is entitled to require of jitney owners good and sufficient security, but a requirement that the bond must bo furnished by a surety company, and forbidding the deposit of cash, or a certified check or municipal bonds, or the acceptance of individual freeholdersyof unquestioned financial responsibility, is unreasonable and void.</p> <p>4. A provision of an ordinance requiring of jitney owner’s a bond in a penal sum of a given amount, but stipulating that, after the recovery of that amount, the obligors shall continue to be liable for other additional amounts without limit, is unreasonable as requiring the surety to undertake an indefinite and unlimited responsibility.</p> <p>5. Pursuant to the Act of June 1, 1915, P. ’ L. 685, conferring upon cities the .right to regulate the transportation of passengers or property, for pay, by motor vehicles not operated on tracks, a city passed an ordinance providing- for the taking out of a permit and payment of a license fee by jitney owners, and requiring the owner to fu