Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-02-27

ershlp and operation OF said street rail-
way company Its existing rights. privi-
ieges. properties, ETC.. within the COR
porate limits.
ESPECIALLY ASKS AS no
LIABILITY IN CASE OF ACCIDENT
Il further ask your opinion as to who
Is charged with authority to compel
proper reconstruction Of roadbed track
etc, OF street railway companies oper.
Rting within the corporate limits Of the
city, and whether or not the city be-
comes Jointly liable with the company
I'm case of an accident due to continued
neglect on the part of the company to
reconstruct, and on the part of the city
government to enforce the laws In order
to compel proper reconstruction.
and your further opinion Is request
ed concerning the ceasing of operation
OF cars over any route. or part thereof
under existing contracts, by special acts
OF the City Council, for a period in eN-
cess OF six months, whether or not the
company is privileged to forfeit that
portion OF their railway over which
they have failed to run their cars
MIR. POLLARD REPLIES
IN WRITTEN OPINION
City Attorney Pollard replied to this
letter. expressing the following opin-
ion
81. Tho City Council Is not author
tied, under the Charter. to terminate.
by mutual consent. an existing con-
tract between the city and the street
railway companies. but for Migrant vio-
lation of the terms OF the franchise
ordinance the city OF Richmond may
institute and prosecute In the courts
a suit to forfeit the franchise.
80. Immediately on annexation of
territory in which the street railways
are operated the franchise ordinance
granted by the City Council becomes
effective over the lines located in the
annexed territory, and all existing reg
ulations concerning the operations of
street railways In the old territory be-
come instantly effective In the new
territory.
80. The City Council Is not author
lied under the Charter to take over and
operate the street railways except 1t
may in pursuance of the provisions
made in the existing franchises, take
over and operate the street railways
on and after the expiration of the
franchises now existing. the price to
be paid for the said properties to be
agreed upon beforehand. or. In case
OF failure, to agree the same may be
determined by arbitration.
-. Under the existing franchises
granted the street railways the Com
mittec on Streets were given the au-
thority to require the reconstruction
and repair Of the roadbeds and tracks
of the street railways operated with
In the corporate limits of the city OF
Richmond. This right conferred on the
Committee on Streets. was, by tho
amendments to the charter OF the city
of Richmond creating the AdminIstra-
tive Board. transferred to the said
board. and they now havo jurisdic-
ton In such matters.
'5. In case Of an accident. due TO the
~ nCrlN Gpa ~ ~
pany In failing to keep the portion OF
the street occupied by Its tracks and
two feet outside of the outer rails in
reasonably safe condition, the COM
pany Is liable. but II the city, through
Its officers and agents has actual
notice of such want of repair or II
such condition has continued for IA
length OF time sufficient for tile city
to have notice by the exercise OF ordi-
nary care, them and in that case both
the street railway company and the
city would be liable for damages grow
Ing out OF an accident, the street rail-
way company, however, being primarily
liable-that is. the money could not
he recovered from the city until the
party injured has exhausted every eff
fort to recover 1t from the street rail-
way.
20. BY express authority in the
franchise ordinance of the Richmond
Traction Company, the Council Is given
power to authorize the ceasing of
operation OF cars over any route" and
while there Is no express provision
in the ordinance OF the Richmond pas
senger and Power Company to that
effect, yet the parties to the franchise
contract franchise ordinance). like any
other contract. may agree upon a mod
ihcation OF the contract, and where the
railway company asks for the privi-
ldge of abandoning part of their
f,I
their discretion, to allow them to do
So