Borough of Ridley Park v. Citizen's Electric Light & Power Co.
Superior Court of Pennsylvania
Appeal, No. 103, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., June T., 1897, No. 176, on verdict for plaintiff. Opinion by Smith, J. Assumpsit.
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Appeal, No. 103, Oct. T., 1898, by defendant, from judgment of C. P. Delaware Co., June T., 1897, No. 176, on verdict for plaintiff. Opinion by Smith, J. Assumpsit. Before Claytoh, P. J. It appears from the evidence that defendant company was authorized to erect poles and run wires for the purpose of its business in and over the avenues, streets and alleys of the borough in consideration of which it was to furnish and maintain certain street lights free of charge as long as the poles of the company remained in the borough. In carrying out the contract the company erected 118 poles to be used…
1Opinion of the Court
Opinion by
Smith, J.,
This action was brought to recover the amount due from the *618defendant under an ordinance requiring a license fee to be paid for the maintenance and use of poles in the highways of the borough. Payment is resisted on the grounds : (a) That no valid ordinance has been shown to warrant the imposition of such license fee ; (/;) that the borough has no power to impose such fee. The borough was incorporated under the general borough law of 1851. The ordinance in question is admittedly sufficient in terms to embrace the license fee imposed; it was passed by the council, signed by…
2Cases cited4 opinions
- Sayre Borough v. PhillipsSupreme Court of Pennsylvania · 1892
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- Borough of Millerstown v. BellSupreme Court of Pennsylvania · 1889
- Grier v. Borough of HomesteadSuperior Court of Pennsylvania · 1898
3Cited by12 opinions
- Pittsburgh & Lake Erie R. R. v. McKees Rocks BoroughSupreme Court of Pennsylvania · 1926
- Delaware & Atlantic Telegraph & Telephone Co.'s PetitionSupreme Court of Pennsylvania · 1909
- Edgewood Borough v. ScottSuperior Court of Pennsylvania · 1905
- New Hope Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1901
- McCall v. Delaware, Lackawanna & Western R. R.Superior Court of Pennsylvania · 1919
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