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PHILADELPHIA v. PHILADELPHIA TRANSPORTATION CO. (05/21/62)

May 21, 1962

PHILADELPHIA
v.
PHILADELPHIA TRANSPORTATION CO., APPELLANT.



Appeal, No. 200, Jan. T., 1962, from decree of Court of Common Pleas No. 4 of Philadelphia County, June T., 1960, No. 399, in case of City of Philadelphia v. Philadelphia Transportation Company. Decree affirmed.

COUNSEL

Peter Platten, with him Tyson W. Coughlin, Hamilton C. Connor, Jr., and Ballard, Spahr, Andrews & Ingersoll, for appellant.

William T. Coleman, Jr., with him Harold E. Kohn, Special Counsel, and David Berger, City Solicitor, for City of Philadelphia, appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: O'brien

[ 407 Pa. Page 504]

OPINION BY MR. JUSTICE O'BRIEN

In July of 1957, the City of Philadelphia, appellee, and Philadelphia Transportation Company, appellant, entered into an agreement relating to the operation of transit facilities in the City. The agreement provided, in part, that: "10. A Service Standards Committee

[ 407 Pa. Page 505]

    shall be created immediately consisting of three members. One member shall be appointed by the City and one member shall be appointed by the Company, each to serve at the will of the appointing authority. The third member, who shall be a man experienced in the field of mass public transportation, shall be selected by mutual agreement between the City and the Company from a panel to be prepared by the City, ...

"11. The Service Standards Committee shall have final jurisdiction over changes in the Company's routes, extension of routes, establishment of new routes and abandonment of existing routes and over the Company's Service standards, subject only to any necessary approval of the Pennsylvania Public Utility Commission." (Emphasis supplied.)

In accordance with the foregoing provisions of the agreement, the Service Standards Committee was created and embarked upon the performance of its mandated duties. In July of 1959, appellee referred to the Committee a request that appellant air condition some of its buses. As a result of this request, the Committee, in May of 1960, entered its decision as follows: "The Service Standards Committee believes that it is desirable for the Company to make a start in the area of air conditioned buses in order to determine the value and costs of air conditioning in Philadelphia. In order to accomplish this, the Committee directs the Company to install air conditioning on approximately 25 of its buses (or purchase approximately 25 air conditioned buses) for operation during the summer of 1960."

Upon appellant's refusal to comply with the committee's directive, appellee commenced an action in equity praying for an order directing appellant to comply with the directive of the committee. The chancellor entered his adjudication and decree nisi ...


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