Ashworth v. Pittsburg Railway Co.
Superior Court of Pennsylvania
Appeal, No. 184, April T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1908, No. 216, for plaintiff on case stated in suit of William H. Ashworth v. Pittsburg Railways Company. Case stated to determine the constitutionality of the Act of June 7, 1907, P. L. 453, relating to rates of fare of street railway companies in cities of the second class.
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Appeal, No. 184, April T., 1908, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1908, No. 216, for plaintiff on case stated in suit of William H. Ashworth v. Pittsburg Railways Company. Case stated to determine the constitutionality of the Act of June 7, 1907, P. L. 453, relating to rates of fare of street railway companies in cities of the second class. The court in an opinion by Shaper, J., found that the act was constitutional and entered judgment for plaintiff for $200. Error assigned was in entering judgment for plaintiff.
1Opinion of the Court
Opinion by
Orlady, J.,
The sole claim of the defendant is that the Act of June 7, 1907, P. L. 453, is void because it is a special and local law, such as is prohibited by the constitution of the state. The title of the act is as follows: “An act to regulate the maximum rate of fare to be charged for transportation of passengers by street railway companies or corporations, in the cities of the second class of the commonwealth, and prescribing a penalty for the violation thereof.” The first section provides: “That no company or corporation operating a street railway in this commonwealth shall…
2Cases cited12 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Pittsburg's PetitionSupreme Court of Pennsylvania · 1907
- Allegheny v. Millville, Etna & Sharpsburg Street Ry. Co.Supreme Court of Pennsylvania · 1893
- Weinman v. Wilkinsburg & E. L. P. Ry. Co.Supreme Court of Pennsylvania · 1888
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