City of Philadelphia v. Reading Transit Co.

Brown, Jr., J.,

Plaintiff has brought suit in assumpsit to recover for paving, repaving and repairs made by it upon certain of its streets used by defendant in the operation of an electric street railway, consisting of nine separate items totaling $375,077.09. Two of the items ($111.62 and $1164.22) are for repairing and the other seven are for repaving. Defendant admits liability for the former in its affidavit of defense, but denies responsibility for the repaving on the ground that it “constituted a new, different, improved and more costly pavement than theretofore existed.” It also sets up…