Pittsburgh & Lake Erie R. R. v. McKees Rocks Borough

Opinion by

Mb. Chief Justice Moschzisker,

The Pittsburgh & Lake Erie R. R. Co. sued the Borough of McKees Rocks on a written contract, under which the former covenanted to construct and the latter agreed to maintain a bridge to carry one of the streets of the borough across the railroad. This, suit was brought to recover the cost of necessary repairs, which, on order of the Public Service Commission, were made and paid for by plaintiff, because of defendant’s failure to maintain the bridge. The court below entered judgment for plaintiff, on a case stated, in the amount claimed, and defendant…