Legal Opinion

Delaware & Atlantic Telegraph & Telephone Co.'s Petition

Supreme Court of Pennsylvania

Decided March 8, 1909No. Appeals, Nos. 345 and 346PublishedCited by 13 opinions

Appeals, Nos. 345 and 346, Jan. T., 1909, by The Delaware and Atlantic Telegraph and Telephone Company and by the Borough of Sharon Hill, from order of the Superior Court, Oct. T., 1907, No. 189, modifying decree of C. P. Delaware Co., March T., 1906, No. 172, in Petition of The Delaware and Atlantic Telegraph and Telephone Company. Appeal from the Superior Court.

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Appeals, Nos. 345 and 346, Jan. T., 1909, by The Delaware and Atlantic Telegraph and Telephone Company and by the Borough of Sharon Hill, from order of the Superior Court, Oct. T., 1907, No. 189, modifying decree of C. P. Delaware Co., March T., 1906, No. 172, in Petition of The Delaware and Atlantic Telegraph and Telephone Company. Appeal from the Superior Court. Head, J., filed the opinion of the Superior Court which was as follows: The Act of April 17,1905, P. L. 183, provides that where any dispute shall arise between a municipality and any telegraph, telephone, light or power company as…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

For many years controversies growing out of the imposition of license fees or taxes have arisen between public service corporations and the municipalities in which they do business. *63A large number of such cases have been considered by our appellate courts, and the rules of law heretofore applicable thereto may be found in repeated decisions of the Supreme Court from Allentown v. Western Union Tel. Company, 148 Pa. 117, to Kittanning Boro. v. Gas Company, 219 Pa. 250, and of the Superior Court from Ridley Park Boro. v. Electric Light, etc., Company, 9 Pa. Superior…

2Cases cited4 opinions

  1. City of Allentown v. Western Union Telegraph Co.Supreme Court of Pennsylvania · 1892
  2. Borough of Ridley Park v. Citizen's Electric Light & Power Co.Superior Court of Pennsylvania · 1899
  3. Borough v. Consolidated Natural Gas Co.Supreme Court of Pennsylvania · 1908
  4. Kittanning Borough v. Armstrong Water Co.Superior Court of Pennsylvania · 1908

3Cited by13 opinions

  1. American Baseball Club v. PhiladelphiaSupreme Court of Pennsylvania · 1933
  2. Point Bridge Co. v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1913
  3. Weyant v. General Refractories Co.Superior Court of Pennsylvania · 1942
  4. New York & Pennsylvania Telephone & Telegraph Co. v. BoroughSuperior Court of Pennsylvania · 1912
  5. Arronson v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1932

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