Borough of Swarthmore v. Public Service Commission

Opinion by

Linn, J.,

In 1900 the Borough of Swarthmore consented to the occupation of Yale Avenue with a street railway, upon condition, inter alia, that the railway company “keep in good order both the roadway of Yale Avenue for its full width from curb line to curb line, and also the bridges, flagstones, drains and gutters along said route. ......” The borough was constitutionally authorized to impose the condition: Scranton v. P. S. C., 268 Pa. 192, 194. In 1906 the grantee of the franchise was merged into another company, that then leased its property and franchises to the Philadelphia…