City of Philadelphia v. Western Union Tel. Co.

DALLAS, Circuit Judge.

This is an action for the recovery of certain charges imposed by two ordinances of the plaintiff, which the defendant contends are invalid. Upon the trial the counsel of both parties united in suggesting that the case was for decision by the court, but each of them claimed that a verdict should be directed for his client.' Thereupon the jury was instructed to find for the defendant, and, a verdict having been rendered accordingly, the plaintiff' now moves for a new trial.

One of these ordinances imposed a charge of $1 per annum for each telegraph pole maintained in the…