McKeesport v. Pittsburgh Railways Co.

Citations

• 72 Pa. Super. 435
• 1919 Pa. Super. LEXIS 340

Syllabus

<p>Public service corporations- — Street railways — Operation under municipal consent — Bates—Constitutional law.</p> <p>Where a contract fixing a rate has been entered 'into by a public service company with a borough, the State has the right, through the Public Service Commission, to inquire into and adjust the rate to a reasonable basis, notwithstanding the fact that the contract is in the form of an ordinance enacted under the provisions of Section 9, of Article XVII, giving consent to the entry of the railway company upon the streets of the municipality, and containing a limitation of the maximum fare to be charged by the company.</p> <p>Public service corporations — Equity—Bill in equity — Jurisdiction, Q. P.</p> <p>A bill in equity, brought by a borough against a street railway company, to restrain the defendant from charging more than a certain fare, on the ground that the proposed increase of fare was illegal because a contract existed with the borough, under which the defendant was prohibited from charging a higher rate, was properly dismissed, where it appeared thát the Public Service Commission had jurisdiction in the matters involved in the bill. -</p>