Swarthmore Boro. v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Sadler,

The Borough of Swarthmore granted to a street railway company permission to build its line on a public highway therein known as Yale Avenue, and its rights, and obligations as well, have now passed to the Phila. Rapid Transit Company, the defendant here. Certain conditions were attached to the grant, including a provision that the street occupied should be “telforded or macadamized to a depth of twelve inches when completed, as the highway committee may direct for its full width and full length from curb line to curb line, and at all times be kept in good order.”…