Kittanning Borough v. American Natural Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 78, Oct. T., 1912, by defendant, from judgment of C. P. Ai’mstrong Co., Juné T., 1911, No. 213, on verdict for plaintiff in case of Kittanning Borough v. American Natural Gas Company. Assumpsit to recover license fees.- Before PattOn, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 78, Oct. T., 1912, by defendant, from judgment of C. P. Ai’mstrong Co., Juné T., 1911, No. 213, on verdict for plaintiff in case of Kittanning Borough v. American Natural Gas Company. Assumpsit to recover license fees.- Before PattOn, P. J. The opinion of the Supreme Court states the case. The court charged in part as follows:— “As we view the matter the burgess and town council are the proper persons to pass such an ordinance and it is for them to say whether $30 a mile is a reasonable amount or not. Under the law the jury cannot set up their opinion as against the burgess and…
1Opinion of the Court
Opinion bt
Mr. Justice Elkin,
If anything can be considered as settled under the decisions of our Pennsylvania courts it is that municipalities under the guise of a police regulation cannot impose a revenue tax. This principle has been so uniformly and repeatedly asserted that it is unnecessary to cite authorities in support of it. The law is well understood, but many difficulties arise in its application. It is apparent from the large number of casés brought before the appellate courts for review that the munici*212palities and corporations involved in this class of cases either cannot agree as to…
2Cases cited5 opinions
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Borough v. Consolidated Natural Gas Co.Supreme Court of Pennsylvania · 1908
- Kittanning Borough v. Armstrong Water Co.Superior Court of Pennsylvania · 1908
- Kittanning Borough v. Garretts Run Gas Co.Superior Court of Pennsylvania · 1908
- Johnstown Telephone Co. v. Ferndale BoroughSuperior Court of Pennsylvania · 1911
3Cited by28 opinions
- MASTRANGELO v. BUCKLEYSupreme Court of Pennsylvania · 1969
- William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
- Flynn v. HorstSupreme Court of Pennsylvania · 1947
- Adams v. New KensingtonSupreme Court of Pennsylvania · 1947
- Putney v. Abington TownshipSuperior Court of Pennsylvania · 1954
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