Dalton Street Railway Co. v. Commonwealth

Eagen, J.,

— This is an appeal by plaintiff from a decision of the board of viewers refusing an award. By agreement the issue was tried before the writer without a jury. There are two cases which by agreement were consolidated and tried as one case. Both will be disposed of in this one opinion.

Plaintiff, Dalton Street Railway Company, a Pennsylvania corporation, continuously from the year 1906 until September 20,1932, operated a street railway system from North Main Avenue in the City of Scranton to the town of Factory ville, Wyoming County. On July 18,1932, the City of Scranton contracted…