Legal Opinion

Kittanning Borough v. Armstrong Water Co.

Superior Court of Pennsylvania

Decided February 28, 1908No. Appeal, No. 205PublishedCited by 7 opinions

Appeal, No. 205, April T., 1907, by defendant, from judgment of C. P. Armstrong Co., March T., 1906, No. 155, on verdict for plaintiff in case of Kittanning Borough v. Armstrong Water Company. Assumpsit to collect a license tax on gas and water pipes in the borough of Kittanning, at the rate of $30.00 per mile each and every mile of pipe.

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Appeal, No. 205, April T., 1907, by defendant, from judgment of C. P. Armstrong Co., March T., 1906, No. 155, on verdict for plaintiff in case of Kittanning Borough v. Armstrong Water Company. Assumpsit to collect a license tax on gas and water pipes in the borough of Kittanning, at the rate of $30.00 per mile each and every mile of pipe. Before Patton, P. J. Plaintiff presented, inter alia, the following points: 2. In the exercise of its police power, the borough of Kittanning, incorporated under the general borough laws of this commonwealth, may enact and enforce an ordinance requiring the…

1Opinion of the Court

Opinion by

Rice, P. J.,

The power of the borough of Kittanning to enact the ordinance in question, so far as it relates to gas companies, was distinctly affirmed by this court in Borough of Kittanning v. Kittanning Consolidated Natural Gas Co., 26 Pa. Superior Ct. 355, and by the Supreme Court in Borough of Kittanning v. The Consolidated Natural Gas Co., 219 Pa. 250. By the same reasoning the ordinance must be held valid as to water companies. In the case last cited Mr. Justice Stewart, after indicating the clear distinction between the case of Pittsburg Railways Co. v. Pittsburg, 211 Pa. 479,…

2Cases cited5 opinions

  1. Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
  2. City of Allentown v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1892
  3. Pittsburgh Railways Co. v. PittsburghSupreme Court of Pennsylvania · 1905
  4. Borough v. Consolidated Natural Gas Co.Supreme Court of Pennsylvania · 1908
  5. West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905

3Cited by7 opinions

  1. Kittanning Borough v. American Natural Gas Co.Supreme Court of Pennsylvania · 1913
  2. Delaware & Atlantic Telegraph & Telephone Co.'s PetitionSupreme Court of Pennsylvania · 1909
  3. Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1909
  4. Chambersburg Borough v. Chambersburg Gas Co.Superior Court of Pennsylvania · 1909
  5. Arronson v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1932

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