Millcreek Township v. Erie Rapid Transit Street Railway Co.

Citations

• 216 Pa. 132
• 64 A. 901
• 1906 Pa. LEXIS 576

Syllabus

<p>Street railways — Roads—Consent—Condition subsequent — Impossibility of fulfillment.</p> <p>Where a township has granted a franchise to a street railway company to lay its tracks on a public road, with a condition subsequent that when required by the township it should remove its track from the side to the center of the road, the township cannot, after the construction of the road, declare a forfeiture of the franchise, where it appears that it was impossible for the company to fulfill the condition by reason of the refusal of the landowners abutting on one side of the road to give their consent to the construction of the railway in the center of the road.</p>