City of Philadelphia v. Western Union Tel. Co.
U.S. Circuit Court for the District of Eastern Pennsylvania
At Law. Motion for judgment notwithstanding the verdict on point reserved. Assumpsit against tbe Western Union Telegraph Company in common pleas No. 4 of city of Philadelphia, removed by defendant to United States cii’cuit court for eastern district of Pennsylvania, to recover license fees for poles and wire privilege erected in Philadelphia by defendant corporation.
1Opinion of the CourtButler, J.
On the trial defendant presented the following point: “Under the evidence in this case the license fee sought to be recovered by the plaintiff is much more than the cost of the regulation, and excessive — it is therefore unreasonable in law and void — and if you believe the evidence in the case, your verdict must be for the defendant.” The point was reserved, and the court submitted the case to the jury under the following instructions: “The city of Philadelphia sues to recover license fees underthe ordinance before you. Whether the ordinance is valid or not depends upon the question whether…
2Cited by5 opinions
- City of Philadelphia v. Western Union Tel. Co.Court of Appeals for the Third Circuit · 1898
- United States v. LazenbyDistrict Court, N.D. Texas · 1925
- City of Philadelphia v. Atlantic & P. Telegraph Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1904
- City of Philadelphia v. Western Union Tel. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1897
- City of Philadelphia v. Western Union Tel. Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1897