Pittsburg v. Pittsburg Railways Co.
Superior Court of Pennsylvania
Appeal, No. 141, April T., 1911, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1910, No. 980, for defendant on demurrer in case of. City of Pittsburg v. Pittsburg Railways Company. Appeal from judgment of alderman.
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Appeal, No. 141, April T., 1911, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., July T., 1910, No. 980, for defendant on demurrer in case of. City of Pittsburg v. Pittsburg Railways Company. Appeal from judgment of alderman. On a demurrer to plaintiff’s statement Frazer, J., filed the following opinion: Plaintiff’s claim is to recover the sum of $100, penalty provided for in an ordinance of the city of Pittsburg, approved June 17, 1910, entitled: “An Ordinance, requiring the issue of transfers to passengers on street railway cars in the City of Pittsburg, in certain cases and upon…
1Opinion of the Court
Per Curiam,
The decision of the common pleas that the ordinance in question is void, in which we all concur, involves these conclusions: first, that the power of a city to regulate and fix fares to be charged by street passenger railway companies operating cars within its limits, must be delegated by the legislature or be held not to exist; second, that such power is not embraced within the power to enact ordinances for the maintenance of the good government and welfare of the city and its trade, commerce and manufactures; and, third, that the words “to fix the rates and prices for the…
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