Erie City v. Erie Electric Motor Co.
Superior Court of Pennsylvania
Appeal, No. 113, April T., 1903, by defendant, from judgment of C. P. Erie Co., Sept. T., 1899, No. 228, on verdict for plaintiff in case of Erie City v. Erie Electric Motor Company. Assumpsit to recover a license tax on street cars.
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Appeal, No. 113, April T., 1903, by defendant, from judgment of C. P. Erie Co., Sept. T., 1899, No. 228, on verdict for plaintiff in case of Erie City v. Erie Electric Motor Company. Assumpsit to recover a license tax on street cars. Before Walling, P. J. The material portions of the ordinance imposing the license tax was as follows: “Section 1. That there shall'be levied, collected and paid within the city of Erie, by every person, firm or corporation using and operating, owning and operating or leasing and operating any street, passenger car or cars within the limits of the city of Erie, a…
1Opinion of the Court
Opinion by
Orlady, J.,
The state cannot bargain away its right to exercise at all times its police power, nor can a municipality to which is delegated the state’s police power over streets and highways enter into any contract by which the free exercise of the power granted can be abridged, limited or destroyed: McKeesport v. McKeesport, etc., Passenger Railway Company, 2 Pa. Superior Ct. 242, 249; New Hope Boro. v. Postal Tel. Cable Co., 202 Pa. 532; North Braddock Boro. v. Second Avenue Traction Co., 8 Pa. Superior Ct. 233.
In these cases there are a number of authorities collated in which the…
2Cases cited8 opinions
- Knisely v. CotterelSupreme Court of Pennsylvania · 1900
- Johnson v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- City of McKeesport v. McKeesport & Reynoldton Passenger Railway Co.Superior Court of Pennsylvania · 1896
- City of Williamsport v. WennerSupreme Court of Pennsylvania · 1896
- Frankford & Philadelphia Passenger Railway Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1868
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3Cited by3 opinions
- Wilson v. EdwardsSuperior Court of Pennsylvania · 1907
- Coatesville Borough v. Coatesville Electric Light, Heat & Power Co.Superior Court of Pennsylvania · 1907
- Braddock Borough v. Monongahela Street Railway Co.Superior Court of Pennsylvania · 1905