Borough v. Waverly, Sayre & Athens Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 272, Jan. T., 1921, by defendant, from decree of C. P. Bradford Co., in favor of plaintiff, on bill in equity, in case of Sayre Borough v. Waverly, Sayre & Athens Traction Co. Bill in equity for mandatory injunction, and for payment of money due. Before Maxwell, P. J. The opinion of the Supreme Court states the facts. The court entered a decree in accordance with the prayers of the bill. Defendant appealed. Error assigned, among others, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Walling,
In 1893 the plaintiff borough by ordinance, duly accepted by defendant, authorized the latter to occupy certain streets, including North Elmer Avenue, with its street railway. This the defendant did and constructed a single track road upon the avenue, which it has since maintained. The ordinance provides, inter alia, that, “Whenever any grade shall be changed along the street or avenue line of said tracks, the grade of street railway shall be at once altered at the expense of said company to conform to the new grade......And whenever this borough council shall…
2Cases cited3 opinions
- Allison's AppealSupreme Court of Pennsylvania · 1875
- Borough v. Chambersburg & Gettysburg Electric Railway Co.Supreme Court of Pennsylvania · 1917
- Patton Township v. Monongahela Street Railway Co.Supreme Court of Pennsylvania · 1910
3Cited by14 opinions
- Swarthmore Borough v. Public Service CommissionSupreme Court of Pennsylvania · 1923
- Easton Theatres, Inc. v. Wells Fargo Land & Mortgage Co.Superior Court of Pennsylvania · 1979
- West Penn Railways Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1938
- Collingdale Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
- Norristown v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1923
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