McKeesport v. Pittsburg, McKeesport & Connellsville Railway Co.

Citations

• 55 Pa. Super. 47
• 1913 Pa. Super. LEXIS 316

Syllabus

<p>Street railways — Occupation of streets — Duty to repair — Commorir-law liability to repair — Contract.</p> <p>1. A street railway company occupying streets in a city is at common law liable to repair the space covered by its right of way thereon, but out of repair, in a manner corresponding with the pavement of the rest of the street.</p> <p>2. Where a city passes an ordinance providing for the construction of a viaduct over which a street and the tracks of a street railway company may be carried, but stipulates in the ordinance that it shall not become effective until the street railway company enters into an agreement with the city to pay a stipulated portion of the cost of construction, and also to pay a share of the cost of repairs, the street railway company will be bound for repairs, although in the agreement which it executes with the city the cost of construction only is provided for, without any reference to repairs.</p>