Cheltenham Township v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Schaffer,

The Township of Cheltenham, when it granted consent to the Philadelphia, Cheltenham and Jenkintown Passenger Eailway Company to operate on Old York Eoad, incorporated in the agreement an undertaking on the part of the railway company “To maintain at the intersection of every township road in Cheltenham Township a good and sufficient, safe and smooth passageway across said Old York Eoad of the width of the intersecting road.” Philadelphia Eapid Transit Company, the appellant, has succeeded to all the rights and assumed all the obligations of the Philadelphia,…