Coatesville Borough v. Coatesville Electric Light, Heat & Power Co.
Superior Court of Pennsylvania
Appeal, No. 247, Oct. T., 1905, by defendant, from judgment of C. P. Chester Co., Aug. T., 1905, No. 87, on verdict for plaintiff- in case of Coatesville Borough' v. Coatesville Electric Light, Heat & Power Company. Assumpsit to recover a license fee on poles and wires. Before Hemphill, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for 1766.80. Defendant appealed.
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Appeal, No. 247, Oct. T., 1905, by defendant, from judgment of C. P. Chester Co., Aug. T., 1905, No. 87, on verdict for plaintiff- in case of Coatesville Borough' v. Coatesville Electric Light, Heat & Power Company. Assumpsit to recover a license fee on poles and wires. Before Hemphill, P. J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for 1766.80. Defendant appealed. Error assigned was in giving binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Oelady, J.,
On April 13, 1892, the borough of Coatesville enacted an ordinance granting to the defendant the power and authority to use and occupy the streets of the borough for the erection of poles and wires to supply light, heat and power by electricity to such persons as might desire the same, and providing by sec. 6 of the ordinance as follows :
“ That the poles, wires and all otTier appliances erected in, *515upon and over the streets, lanes and alleys of the borough are hereby reserved for the use of the borough in the event that said company shall cease to exercise the powers…
2Cases cited13 opinions
- Commonwealth v. Phila. & Erie R. R.Supreme Court of Pennsylvania · 1894
- Seitzinger v. Borough of TamaquaSupreme Court of Pennsylvania · 1898
- City of McKeesport v. McKeesport & Reynoldton Passenger Railway Co.Superior Court of Pennsylvania · 1896
- City of Erie v. GriswoldSupreme Court of Pennsylvania · 1898
- Lower Merion Township v. Postal Telegraph Cable Co.Superior Court of Pennsylvania · 1904
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