Pittsburgh Railways Co. v. Borough of Carrick

Citations

• 259 Pa. 333
• 103 A. 106
• 1918 Pa. LEXIS 413

Syllabus

<p>Boroughs — Street railways — Townships—Grant of right to operate road — Resolution—Minutes of meeting — Right to construct sidings and switches — “Switches”—Subsequent incorporation of borough — Construction of trades into new car barn — Interference by borough — -Laches—Acquiescence—Ratification—Bill in equity — Injunction.</p> <p>1. Laches may be imputed to the Commonwealth or to a municipality as well as to an individual.</p> <p>2. Where the tracks of a street railway company have occupied a township road pursuant to authority of the township^supervisors. for a period of fourteen years, at the end of which time a borough was erected embracing the road in question, the fact that the railway’s right to occupy the road was not challenged until twelve years thereafter, is strong evidence of acquiescence on the part of the borough authorities.</p> <p>3. The manner in which the consent of so elementary an organization as a township, where it is requisite, is given, is not so important as that the fact of its being given should clearly appear. Although action should be taken by means of a formal resolution, duly recorded in the minutes of the meeting, nevertheless, where the consent of the supervisors is evidenced by a written instrument duly signed and acknowledged by them, their failure to have a minute of the transaction entered upon their records cannot operate to invalidate the consent.</p> <p>4. Though the obtaining of a municipality’s consent to occupy any of its streets be a condition precedent to the lawful exercise of the power to do so by a railway company, nevertheless where the consent has not been obtained in advance, there may be a subsequent ratification.</p> <p>5. While strictly speaking a switch is a mechanical arrangement of movable parts of rails for transferring ears from one track to another, the word is commonly used as a synonym for siding and turnout.</p> <p>6. The rule that, even where not expressly given, the right to build switches and sid