Duquesne Light Co. v. Duff
Supreme Court of Pennsylvania
Appeal, No. 159, Oct. T., 1915, by plaintiff, from decree of O. P. Allegheny Co., Oct. T., 1913, No. 2432, refusing an injunction, in case of Duquesne Light Company v. Harry Duff. Bill in equity for an injunction to restrain defendant from interfering with plaintiff in the erection of poles in front of defendant’s land. Before Shaper, P. J. The opinion of the Supreme Court states the facts. The court on final hearing refused the injunction and dismissed the bill.
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Appeal, No. 159, Oct. T., 1915, by plaintiff, from decree of O. P. Allegheny Co., Oct. T., 1913, No. 2432, refusing an injunction, in case of Duquesne Light Company v. Harry Duff. Bill in equity for an injunction to restrain defendant from interfering with plaintiff in the erection of poles in front of defendant’s land. Before Shaper, P. J. The opinion of the Supreme Court states the facts. The court on final hearing refused the injunction and dismissed the bill. Plaintiff appealed. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,.The sole question in the case is whether an electric light company, haying a contract with the commissioners of a township of the first class to light its highways, *609has the right to place its poles and wires upon the highways for snch purpose without the consent of the abutting owners. We are not unmindful of the conflict of opinion as to whether an electric, telephone or telegraph line constitutes an additional servitude on the land occupied as a highway. A distinguished legal author has said that “practically the only point that the courts are in harmony on…
2Cases cited4 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Sterling's AppealSupreme Court of Pennsylvania · 1886
- Dempster v. United Traction Co.Supreme Court of Pennsylvania · 1903
- Hannum v. Media, Middletown, Aston & Chester Electric Railway Co.Supreme Court of Pennsylvania · 1901
3Cited by16 opinions
- Breinig v. Allegheny CountySupreme Court of Pennsylvania · 1938
- Westinghouse Electric Corp. v. United Electrical, Radio & MacHine WorkersSupreme Court of Pennsylvania · 1946
- Pittsburgh National Bank v. Equitable Gas Co.Supreme Court of Pennsylvania · 1966
- Philadelphia Suburban Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1951
- Hindin v. Samuel, MayorSuperior Court of Pennsylvania · 1945
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