Reading City v. Reading & Southwestern Street Railway Co.

Citations

• 215 Pa. 132
• 64 A. 335
• 1906 Pa. LEXIS 749

Syllabus

<p>Street railways — Paving streets — Municipalities.</p> <p>Where, in an action by a city against a street railway company to recover the cost of repaving part of a street, it appears that the company failed to do the work after thirty days' notice as required by ordinance, the company cannot, without showing actual loss, defend on the ground that under the ordinance its obligation was only to repave its portion at the time the city was repaving the rest, and that the city did not do its portion of the work until several months after the expiration of the notice, and that competition was limited to two kinds of asphalt instead of three as provided by ordinance.</p>