Springfield Water Co. v. Philadelphia & Garrettford Street Railway Co.

Citations

• 45 Pa. Super. 516
• 1911 Pa. Super. LEXIS 78

Syllabus

<p>Road law—Streets and highways—Change of grade—Street railways— Water companies—Franchises—Cost of lowering pipes—Ordinances—■ Act of April 29,1874, P- L. 73.</p> <p>1. A water company created under the Act of April 29, 1874, P. L. 73, and its supplements exercises its franchise and maintains its property in the streets of any borough subject to the paramount right of such municipality to change the grade of the street in which its lines are located, and the fact that a municipality may be induced to some extent to adopt such a change of grade at the instance of a street railway company does not reheve a water company forced thereby to lower its pipes, from its charter obligations.</p> <p>. 2. Where a borough in consideration of its assent to the entry upon its streets of a street railway company and its authorization of a change in grade of one of such streets obtains from the railway company an agreement that it will “bear the entire cost and expense of all changes in the grades, of the macadamizing and repairing of the streets or avenues, and shall indemnify the said borough from all damages recovered by property owners for said change of grade,” the agreement imposes upon the railway company only such obligations as are in relief of the borough and its taxpayers and does not give rise to any obligation on the part of the railway company upon which a water company maintaining its pipes in such street can ingraft a right to recover the cost of lowering such pipes occasioned by the change of grade.</p>