Collingdale Boro. v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Sadler,

The Borough of Collingdale, by ordinances of 1899 and 1903, authorized the Philadelphia, Morton & Swarthmore Street Railway Company to construct its line on Parker Street. Both grants provided for the future repair of the highway at the railway’s expense. Subsequently, a merger was had with another corporation, and the consolidated company was leased to the present defendant, which agreed to “pay for all paving done or to be done after the first day of July, 1906, whether or not the obligation to do said paving shall have been imposed by the local authorities…