Shamokin Borough v. Shamokin & Mt. Carmel Electric Railway Co.

Citations

• 206 Pa. 625
• 56 A. 64
• 1903 Pa. LEXIS 774

Syllabus

<p>Street railways — Municipalities—Paving.</p> <p>Where a street railway company is under contract to pave the full width of a street where sidings are maintained, whenever the borough paves the rest of the street, the street railway company mdy remove the siding before such paving is begun; and if in good faith it gives notice to the borough prior to the ordinance, authorizing the paving, of its intention to remove the siding, and further notifies the borough three months before the latter incurs any liability that the siding will be removed as soon as frost is out of the ground, and the siding is actually removed, the company cannot be held liable for paving the full width of the street at the point where the siding was located.</p>