North Braddock Borough v. Monongahela Street Railway Co.

Citations

• 217 Pa. 27
• 66 A. 152
• 1907 Pa. LEXIS 648

Syllabus

<p>Street railways — Boroughs—Contract with borough — Bridge.</p> <p>A railway company contracted with a borough to build a bridge with the necessary approaches in such a way that the bridge and approaches would be a municipal street paved and curbed. Under the physical conditions existing at one of the approaches, adequacy of surface could only be secured in one of two ways; either by extending the base of the embankment beyond the limits of the street, thereby encroaching on private land, or, if the base was to be restricted to the street limits, by building a retaining wall for lateral support. The railway company widened the base so as to encroach upon private land. The city had not acquired by condemnation proceedings any land for such extension, and there was nothing in the ordinance that gave any reason to suppose that such a proceeding was contemplated. Held, (1) that the railway company was bound under its contract to build the retaining walls; (2) that if it failed to do so, the contract was not completed, and the borough could construct the walls at the company’s expense; (3) that the question whether the company was to construct a sewer drop on the bridge approaches was a question which fell within the common intent and understanding of the parties, and was for the jury.</p> <p>In construing a contract the situation of the parties at the time is to be considered, and the object in view. If the latter is evident, the law will imply that the party engaging to do the work engaged to do what was within the common intent with respect to it, and that it made such agreement as under the circumstances disclosed, it ought in fairness to have made.</p>