Valley Railways v. Harrisburg

Citations

• 280 Pa. 385
• 124 A. 644
• 1924 Pa. LEXIS 525

Syllabus

<p>Street railways — Municipal consent — Contract—Use by one railway of track of another company — Reasonable ordinances — Police power — Rule of road — Changed condition of traffic — Merger— Laches — Acquiescence in use of street — Bquity—Jurisdiction—Injunction — Public Service Commission — Acts of June 19, 1811; P. L. 1860; May Uh 1889, P. L. 211; July 26, 1918, P. L. 181k, and March 28,1921, P. L. k8.</p> <p>1. When a municipal franchise ordinance is accepted and acted on by a street railway company, it becomes an irrevocable contract protected by the Constitution.</p> <p>2. An ordinance authorizing a street railway company to occupy a portion of a street is not void because the railway company had not, prior to the date of the ordinance, recorded and filed its resolution to occupy such portion of the street as provided by section 4 of the Act of May 14, 1889, P. L. 211. The act does not say that such recording and filing must precede its power to contract with the municipality.</p> <p>8. If, subsequently, a similar resolution is adopted and duly recorded and filed, and the company operates its line on the street for twenty-five years therafter, the city cannot assert the invalidity of the ordinance granting the use of the street.</p> <p>4. A street railway company has the right to make a reasonable divergence from its chartered route, and such right cannot be challenged in a collateral proceeding by the city which granted such right, but only by direct action by the Commonwealth, or by a private party under the Act of June 19, 1871, P. L. 1360, whose rights are invaded.</p> <p>5. And especially such right cannot be challenged by the city after it has acquiesced in its enjoyment by the railway company for thirty years, and after the original company became merged with other companies.</p> <p>6. While a street railway company may not enter a city without its consent, yet if the consent is once given, the legislature may authorize the merger of such company with o