Ashworth v. Pittsburg Railways
Supreme Court of Pennsylvania
Appeal, No. 28, Oct. T., 1911, by defendant, from judgment of Superior Ct., April T., 1908, No. 184, affirming judgment of C. P. No. 2, Allegheny Co., Jan. T., 1908, No. 216, for plaintiff on case stated in suit of William H. Ashworth v. The Pittsburg Railways Company. Appeal ’from Superior Court. The case turned upon the constitutionality of the Act of June 7,1907, P. L. 453. See 44 Pa. Superior Ct. 326. Error assigned was the judgment of the Superior Court.
1DissentJustice Moschzisker
To my mind, the subject-matter of the act in question can be properly termed a “municipal affair.” This is made evident when we reflect that if the legislature had seen fit to empower the municipalities to regulate by ordinance the “maximum rate of fare to be charged for transportation of passengers by street railway companies” operating upon their respective highways, such an act would not be an unlawful delegation of legislative power, but simply an authorization to the local bodies to regulate that which the general assembly considered an affair appropriate for municipal control. That it…
2Cases cited3 opinions
- Brode v. PhiladelphiaSupreme Court of Pennsylvania · 1911
- Roumfort Co. v. DelaneySupreme Court of Pennsylvania · 1911
- Philadelphia v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910