Setzer v. City of Pottsville

Citations

• 73 Pa. Super. 573
• 1920 Pa. Super. LEXIS 71

Syllabus

<p>Municipalities — Police powers — Regulation of autobusses — Acts of July 86,1918, P. L. 181b, and June 1,1915, P. L. 685.</p> <p>Tbe Act of July 26, 1913, P. L. 1374 (Public Service Oompany Law) and the Act of June 1, 1915, P. L. 685, giving to cities the power to regulate and license certain motor vehicles, are not repugnant or inconsistent. The provisions of the two acts, so far as they relate to the same subject, are not irreconcilable and there is no express repeal in the latter act.</p> <p>An ordinance passed under the provisions of the Act of June 1, 1915, P. L. 685, designating certain streets on which interurban busses should be operated, and forbidding such operation upon other streets of the city, is not an unreasonable exercise of the power conferred in that act, nor does it conflict with the provisions of the Public Service Oompany Law. No individual or company has-the right to operate, as a common carrier, a motor vehicle for the transportation of persons and property without first obtaining from the Public Service Commission a. certificate of public convenience, but the authority to designate the city streets over which such motor vehicle shall operate is by the Act of 1915 vested in the municipality.</p>