Commonwealth v. Bebbington

Opinion and Decree of Court.

Boyer, J.,

This matter came up for argument before the court in banc on petition and answer, by agreement of counsel. The material facts are admitted in the answer so that the matter now comes before the court solely as a question of law. The petition sets forth that the central portion of Main Street, in the Borough of Yardley, which is occupied by a street railway under two franchises granted by the borough, is out of repair so as to make travel thereon difficult and dangerous; that the owners of the railway have ceased to operate the same; that the duty of making…