Nether Providence Township v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Sadler,

The supervisors of Nether Providence Township, in Delaware County, granted a franchise to’ a street railway company, now merged with the Philadelphia Rapid Transit Company, permitting occupation of a certain road on condition that it should be kept “in good order,. *76repair and travelable condition.” Other stipulations were made, but a consideration of them is not material here. After many years, it became necessary that the highway be renewed, and there followed a demand on the defendant, successor to the original grantee, to do the required work. This request not…