Legal Opinion

Borough v. Chambersburg & Gettysburg Electric Railway Co.

Supreme Court of Pennsylvania

Decided May 7, 1917No. Appeal, No. 382PublishedCited by 17 opinions

Appeal, No. 382, Jan. T., 1916, by defendant, from decree of C. P. Franklin Co., Equity Docket, Yol. IY, page 1, in equity, directing specific performance of a contract, in case of the Burgess and Town Council of the Borough of Chambersburg v. The Chambersburg and Gettysburg Electric Railway Company.

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Appeal, No. 382, Jan. T., 1916, by defendant, from decree of C. P. Franklin Co., Equity Docket, Yol. IY, page 1, in equity, directing specific performance of a contract, in case of the Burgess and Town Council of the Borough of Chambersburg v. The Chambersburg and Gettysburg Electric Railway Company. Bill in equity for specific performance of a contract between a municipality and a street railway company. ■ Before Gillan, P. J. The opinion of the Supreme Court states the facts. The court directed specific performance of the contract. Defendant appealed. were various conclusions of fact and…

1Opinion of the Court

Opinion by

Me. Justice Frazer,

Defendant appeals from a decree of the Court of Common Pleas, directing specific performance of a contract by it to pave certain streets in the Borough of Chanufoersburg, between and adjoining its tracks, with material similar to that used by the borough in paving the remainder of the highway. The validity of the decree depends upon the construction of Section 3 of an ordinance of the municipality, adopted June 23,1902, granting to defendant the right to construct and operate a street railway upon a number of the streets of the borough, subject to the conditions…

2Cases cited3 opinions

  1. Reading v. United Traction Co.Supreme Court of Pennsylvania · 1906
  2. City of Philadelphia v. Thirteenth & Fifteenth Streets Passenger Railway Co.Supreme Court of Pennsylvania · 1895
  3. Patton Township v. Monongahela Street Railway Co.Supreme Court of Pennsylvania · 1910

3Cited by17 opinions

  1. Swarthmore Borough v. Public Service CommissionSupreme Court of Pennsylvania · 1923
  2. Brobston v. Darby BoroughSupreme Court of Pennsylvania · 1927
  3. West Penn Railways Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1938
  4. Collingdale Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
  5. West Penn Railways Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1940

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