West Conshohocken Borough v. Conshohocken Electric Light & Power Co.
Superior Court of Pennsylvania
Appeal, No. 46, Oct. T., 1904, by defendant, from order of C. P. Montgomery Co., Oct. T., 1903, No. 60, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the Borough of West Conshohocken v. Conshohocken Electric Light & Power Company. Assumpsit to recover a license tax on an electric light pole.
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Appeal, No. 46, Oct. T., 1904, by defendant, from order of C. P. Montgomery Co., Oct. T., 1903, No. 60, making absolute rule for judgment for want of a sufficient affidavit of defense in case of the Borough of West Conshohocken v. Conshohocken Electric Light & Power Company. Assumpsit to recover a license tax on an electric light pole. The defendant filed an affidavit of defense which was as follows : Prank B. Ball, secretary of the defendant company, being duly affirmed according to law, deposes and says that the said Conshohocken Electric Light & Power Company has a full, just-and legal…
1Opinion of the Court
Opinion by
Rice, P. J.,
This action of assumpsit was brought in June, 1903, to recover a license fee of fifty cents per pole which under the -ordinance was due in the preceding January.
Either the. borough is entitled to recover the whole fee or it cannot recover at all. Under no circumstances is it permissible to submit the question of the reasonableness of the fee to *10the jury with instructions that if they find it to be unreason* able they can render a verdict for such smaller fee as the evidence shows would be reasonable : Postal Telegraph-Cable Co. v. New Hope, 192 U. S. 55 (24 Superior Ct.…
2Cases cited13 opinions
- Postal Telegraph-Cable Co. v. TaylorSupreme Court of the United States · 1904
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Postal Telegraph-Cable Co v. New HopeSupreme Court of the United States · 1904
- Kneedler v. Borough of NorristownSupreme Court of Pennsylvania · 1882
- Harrisburg v. McPherranSuperior Court of Pennsylvania · 1900
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- Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1909
- Gettysburg Borough v. Gettysburg Transit Co.Superior Court of Pennsylvania · 1908
- Valley Rys. v. Mechanicsburg BoroughSupreme Court of Pennsylvania · 1919
- Chambersburg Borough v. Chambersburg Gas Co.Superior Court of Pennsylvania · 1909