Spring City Borough v. Montgomery & Chester Electric Railway Co.

Citations

• 35 Pa. Super. 533
• 1908 Pa. Super. LEXIS 79

Syllabus

<p>Street railways — Municipal consent — Conditional consent — Boroughs.</p> <p>A borough in granting by ordinance to a street railway company the right to use a street may reserve to itself the right to tear up the tracks, if the railway is not built.within one year from the approval of the ordinance. If the railway is not completed within the year, and there is no evidence of impossibility or great hardship which would amount to an excuse for the delay, the borough may enforce its rights under the ordinance; and mere indulgence and delay in instituting proceedings would not amount to laches on its part where there was no change in the situation prejudicial- to the company. A mere statement by the borough solicitor and one of the members of the borough council that the purpose of the borough was to compel the company to pave its track, will not defeat the right of the borough to remove the tracks.</p>