Pittsburgh v. Pittsburgh Railways Co.

Citations

• 234 Pa. 193
• 83 A. 67
• 1912 Pa. LEXIS 632

Syllabus

<p>Equity — Specific performance — Street railways — Streets—Repairs — Continuing contracts.</p> <p>1. A city is not entitled to maintain a bill in equity against a street railway company to enforce specific performance of contracts, based on ordinances, for keeping streets in repair, the prayer of the bill being for a decree that the defendant company “immediately proceed to place in repair the said streets... .to the extent it appears to be liable by the foregoing ordinances, and that it use in making such repairs first class and modern material and a modern approved methods of repairing a track construction, and rails and fittings of modern design and first class quality.”</p> <p>2. In such a case equity will leave the parties to their legal remedy.</p>