McKeesport Boro. v. McKeesport Pass. Ry.

Citations

• 158 Pa. 447
• 27 A. 1006
• 1893 Pa. LEXIS 1611

Syllabus

<p>Street railways — Repair of street — Municipalities—Ordinances.</p> <p>A street railway company was authorized to lay its track upon a street which had been macadamized at the expense of the property owners. The ordinance provided that the company should keep in repair that portion of the streets and avenues traversed, and along which said railway may run, between the tracks and a space of one foot on each side thereof. The ordinance also provided that in ease of a change of grade, the railway should be changed to conform to the new grade at the expense of the company. The borough subsequently resolved to pave the street with Belgian blocks, and notified the company to pave with blocks the street between the tracks, and for one foot outside of the tracks. The company refused to do the paving as requested and merely sunk its rails to the new grade. The improvement was accordingly made by the borough. There was evidence that the space between the tracks and for one foot outside of the tracks was in bad repair before the improvement was made. Held, that the question of the company’s liability for the paving was for the jury, and that a verdict and judgment for the borough should be sustained.</p>