Legal Opinion

Postal Telegraph-Cable Co v. New Hope

Supreme Court of the United States

Decided January 4, 1904No. 92PublishedCited by 24 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. The borough of New Hope in January, 1899, commenced an action against the telegraph company, the plaintiff in error herein, to recover from it the sum of $552, with interest, from-the respective times in which portions, of the amounts became due, the total charges being’due from the defendant, as alleged, on account of a license fee taxed by the borough, (by virtue of an ordinance to that effect,) of one dollar for…

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ERROR TO THE SUPREME COURT OF THE STATE OF PENNSYLVANIA. The borough of New Hope in January, 1899, commenced an action against the telegraph company, the plaintiff in error herein, to recover from it the sum of $552, with interest, from-the respective times in which portions, of the amounts became due, the total charges being’due from the defendant, as alleged, on account of a license fee taxed by the borough, (by virtue of an ordinance to that effect,) of one dollar for each pole and of two and a half dollars for each mile of wire used in the borough by the company, the license to be.…

1Opinion of the CourtJustice Peckham

The ground upon which an ordinance of this nature may be upheld is stated in the two cases of Western Union Telegraph Company v. New Hope, 187 U. S. 419, and Atlantic &c. Telegraph Company v. Philadelphia, 190 U. S. 160.

The-trial court held that the question whether the ordinance in this case was reasonable or not was one for the court, but he submitted it to the jury for their aid and as advisory only, the court stating to the jury that it would thereafter regulate the judgment to be entered in accordance with such views as the court might entertain as to the- reasonableness of the…

2Cases cited1 opinion

  1. Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903

3Cited by24 opinions

  1. Sprout v. South BendSupreme Court of the United States · 1928
  2. Postal Telegraph-Cable Co. v. City of RichmondSupreme Court of the United States · 1919
  3. Sprout v. City of South BendSupreme Court of the United States · 1928
  4. Great Northern Railway Co. v. WashingtonSupreme Court of the United States · 1937
  5. Pabst Brewing Co. v. CrenshawSupreme Court of the United States · 1905

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