Borough of Mechanicsburg v. Valley Railways

Opinion by

Keller, J.,

This case arises out of the same ordinance which was passed upon, and upheld, by this court in Carlisle & Mechanicsburg St. Ry. Co.’s App., 54 Pa. Superior Ct. 311 (affirmed by the Supreme Court on the opinion of Judge Porter, 245 Pa. 561, 91 Atl. 959) and by the Supreme Court in Valley Railways v. Mechanicsburg Boro., 265 Pa. 222, 108 Atl. 629. It is an action of assumpsit for the annual payment required to be paid by Valley Railways to the borough under the ordinance of 1911 (No. 226), for the year beginning March 1, 1931. The point at issue is whether the borough is…