Ridge Avenue Passenger Railway Co. v. City of Philadelphia

Citations

• 181 Pa. 592
• 37 A. 910
• 1897 Pa. LEXIS 586

Syllabus

<p>Arbitration — Conclusiveness of referee's findings of fact.</p> <p>A finding of fact by a referee is as conclusive upon a court oí error as the verdict of a jury.</p> <p>Street railways — Municipalities—Change of grade — Damages.</p> <p>A street railway company which occupies a street, subject to the right of a city to change the grade, cannot recover damages from the city for inconvenience, detention of cars and loss of business caused by changing the grade, where there has been no intentional delay or neglect in the prosecution of the work; although the damages may be consequent upon a mistake of judgment by the city in the manner of making the change.</p> <p>Street railways — Turnpike companies — Municipalities.</p> <p>A city has the right to establish or change the grade of a street which had once been the bed of a turnpike, without regard to the contracts of the turnpike company with a street railway company antedating the lawful acquisition of the street by the city.</p> <p>A street railway company was given authority by the legislature to lay its tracks upon a turnpike with the consent of the turnpike company. The railway tracks were to conform to the established grade, or the grades thereafter to be established. The railway company stipulated in an agreement with the turnpike company that if the city should at any time purchase the turnpike, the turnpike company would provide in some manner that there should be no interference with the grade of the railway company, and no alteration of the same without the consent of the railway company. The city subsequently acquired the turnpike, and changed its grade. In-making the change of grade the railway company was delayed and injured in its business. Held, that the city was not liable to the railway company for its loss.</p> <p>Street railways — Municipalities—Change of grade — Confirmation of plan.</p> <p>A street railway company occupied a street subject to the right of the city to change the grade. The city e