City of Philadelphia v. Philadelphia City Passenger Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 152, July T., 1895, by plaintiff, from judgment of C. P. No. 4, Phila. Co., June T., 1893, No. 67, refusing to take off nonsuit. Assumpsit to recover costs of repaving streets. Before Thayer, P. J. The facts appear by the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff’s claim in this case is made up of two items. The larger of these is for the cost of paving done by the city upon Lancaster avenue. The other is for repairing done at the intersection of Chestnut and Broad streets and at the intersection of Walnut and Broad streets. Distinct defenses are made to each of these items; to the claim for paving done on Lancaster avenue, the defendant replies that the line of railway built upon that avenue was constructed by it as the lessee of the Phila. & Darby Ry. Co. and under the authority of its lessor’s charter,…
2Cases cited2 opinions
- Frankford & Philadelphia Passenger Railway Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1868
- Pennsylvania Railroad v. SlySupreme Court of Pennsylvania · 1870
3Cited by2 opinions
- Dean v. Mayor of PatersonSupreme Court of New Jersey · 1901
- City of Philadelphia v. Reading Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1931