Ridge Ave. Pass. Ry. Co. v. Philadelphia

Citations

• 124 Pa. 219
• 16 A. 741
• 1889 Pa. LEXIS 1024

Syllabus

<p>(a) By the acts incorporating two distinct passenger railway companies in Philadelphia in 1858-9, the companies were required to keep the streets and avenues occupied in the construction and operation of their several lines “ in perpetual good repair” at their own cost and expenso.</p> <p>(b) By § 8 of the act of March 8, 1872, P. L. 264, ratifying a consolidation of the companies, it was enacted that “all provisions in the charters of the two companies so consolidated as above recited, not included in this act, are hereby repealed.”</p> <p>1. The title of said act of 1872 being, “An act relating to the Ridge Avenue Passenger Railway Company,” it was obnoxious to § 8, article XI., amendment of 1864 to the constitution, providing that “No bill shall be passed by the legislature containing more than one subject, which shall be clearly expressed in the title.”</p> <p>2. Wherefore, the provisions of § 8 of said act did not afford a defence against the city’s claim for damages for the failure of said passenger railway company to repair and repavo the streets and avenues occupied by its lines, as provided in its incorporating act.</p>