Philadelphia v. Ridge Ave. Pass. Ry. Co.
Supreme Court of Pennsylvania
No. 127 January Term 1891, Sup. Ct.; court below, No. 755 December Term 1886, C. P. No. 1. On January 26, 1887, the city of Philadelphia brought case against the Ridge Avenue Passenger Railway Company, to recover from the defendant company the cost to the plaintiff of re-paving Ninth street from Race to Sergeant.
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No. 127 January Term 1891, Sup. Ct.; court below, No. 755 December Term 1886, C. P. No. 1. On January 26, 1887, the city of Philadelphia brought case against the Ridge Avenue Passenger Railway Company, to recover from the defendant company the cost to the plaintiff of re-paving Ninth street from Race to Sergeant. Issue on June 9, 1890.* On November 1, 1890, upon the petition of the defendant company, verified by the affidavit of its president, a rule was granted to show cause why there should not be a change of venue. This petition, and the relevant provisions of the act of March 30, 1875, P.…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
This suit was brought against appellant to enforce payment of the cost of re-paving Ninth street from Race to Sergeant street, in the city of Philadelphia, with interest thereon. The city authorities, having determined that it was necessary to repave that portion of Ninth street, and claiming that appellant company, under its charter and contract obligations, was bound to do the work at its own expense, notified it to do so. The company denied its obligation, and refused to re-pave. The city then advertised for bids, awarded the contract to the lowest bidder, and…
2Cases cited5 opinions
- Appeal of the City of PittsburghSupreme Court of Pennsylvania · 1887
- Ridge Ave. Pass. Ry. Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1889
- Pittsburg & Birmingham Passenger Railway Co. v. City of PittsburgSupreme Court of Pennsylvania · 1876
- Campbell v. Frankford Etc. Ry. Co.Supreme Court of Pennsylvania · 1891
- Pittsburgh & Birmingham Passenger Railroad v. Burgess of BirminghamSupreme Court of Pennsylvania · 1865
3Cited by19 opinions
- Philadelphia Electric Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1930
- Philadelphia ex rel. Nestor v. Spring Garden Farmers' Market Co.Supreme Court of Pennsylvania · 1894
- City of Detroit v. Fort Wayne & Elmwood Railway Co.Michigan Supreme Court · 1892
- City of Philadelphia v. Hestonville, Mantua & Fairmount Passenger RailroadSupreme Court of Pennsylvania · 1896
- Reeves v. Phila. Traction Co.Supreme Court of Pennsylvania · 1893
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