Reading v. United Traction Co.

Citations

• 215 Pa. 250
• 64 A. 446
• 1906 Pa. LEXIS 773

Syllabus

<p>Street railways — Municipalities—Duty to pave streets.</p> <p>A street railway company is bound to keep the portions of streets occupied by its right of way in good condition, even in the absence of any express contract or statutory direction to that effect.</p> <p>In an action by a city against a street railway company to recover the cost of paving a portion of a street with asphalt, the city cannot recover unless the jury find (1) that the repairs made by the city were necessary and proper; (2) that the defendant had been notified by the city to repair the tracks by paving them with asphalt, and (3) that the repairing by asphalting was reasonable, necessary and proper, taking into consideration the condition of the rest of the street, and the condition in which the city was about to place it.</p>