Reading v. United Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1905, by defendant, from judgment of O. P. Berks Co., Sept. T., 1902, No. 16, on verdict for plaintiff in case of city of Reading v. United Traction Company. Assumpsit to recover the cost of paving streets. Before Endlich, J. The opinion of the Supreme Court states the case.
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Appeal, No. 294, Jan. T., 1905, by defendant, from judgment of O. P. Berks Co., Sept. T., 1902, No. 16, on verdict for plaintiff in case of city of Reading v. United Traction Company. Assumpsit to recover the cost of paving streets. Before Endlich, J. The opinion of the Supreme Court states the case. The court charged in part as follows : [Were the spaces between the tracks of the traction company upon the streets that have been referred to here or upon any of them out of repair, so that they required repair, that repairs were at the time necessary? That is the first question which you will…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The judgment recovered by the city of Reading against the United Traction Company was for moneys expended in doing that which, under the evidence and instructions of the court, the jury found ought to have been done by the traction company on those portions of the streets of the city occupied by it. The claim of the city is made up in part of the cost of paving with asphalt from the outside of the rails to the limit of the sills. As to this item, amounting, without interest, to $1,848.75, *254the court instructed the jury to find for the plaintiff, for the manifestly…
2Cases cited2 opinions
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3Cited by26 opinions
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- City of Madison v. Southern Wisconsin Railway Co.Wisconsin Supreme Court · 1914
- Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
- West Penn Railways Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1938
- Collingdale Boro. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1922
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