Minersville Borough v. Schuylkill Electric Railway Co.

Citations

• 205 Pa. 394
• 54 A. 1050
• 1903 Pa. LEXIS 581

Syllabus

<p>Street railway — Borough—Municipal consent to use of street — Conditional consent — Extension—Laches.</p> <p>Where a borough grants to a street railway company die right to the use of a street in the borough, but coupled with the express condition that the right shall be forfeited if the company does not within one year build a certain particularly described extension, the borough has a right to compel a removal of the tracks from the street if within one year the extension has not been constructed.</p> <p>In such a case the borough cannot be convicted of laches by an indulgence as to time in commencing proceedings, where the delay leads to no change in the situation to the prejudice of the railway company.</p>