Norwood Borough v. Western Union Telegraph Co.
Superior Court of Pennsylvania
Appeal, No. 24, Oct. T., 1903, by defendant, from order of C. P. Delaware Co., June T., 1902, No. 14, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Norwood Borough v. Western Union Telegraph Company. Assumpsit for a license tax on telegraph poles and wires. The opinion of the Superior Court states the case. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
In New Hope Borough v. Western Union Telegraph Co., 16 Pa. Superior Ct. 306, we made the statement, and cited the authorities to support it, that the adoption by a city of an ordinance imposing a reasonable annual license fee for each pole and each mile of suspended wire erected and maintained by telegraph, telephone and electric light companies within city limits is a valid exercise of police power; second, that boroughs have equal powers with cities in that regard; third, that such ordinance is not, as to telegraph companies engaged in the business of transmitting…
2Cases cited8 opinions
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
- Postal Telegraph-Cable Co. v. TaylorSupreme Court of the United States · 1904
- Northern Central Railway Co. v. CommonwealthSupreme Court of Pennsylvania · 1879
- Pittsburgh, McKeesport & Youghiogheny Railroad v. Commonwealth ex rel. Attorney GeneralSupreme Court of Pennsylvania · 1883
- In re Johnstown, Indiana & Westmoreland Turnpike Co.Superior Court of Pennsylvania · 1897
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3Cited by4 opinions
- Pottsville Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1907
- West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905
- Schellsburg v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904
- Coatesville Borough v. Coatesville Electric Light, Heat & Power Co.Superior Court of Pennsylvania · 1907