Manufacturers Natural Gas Co. v. Birmingham & Brownsville Macadamized Turnpike Road Co.
Supreme Court of Pennsylvania
Appeal, No. 131, Oct. T., 1913, by The Borough of Carriek, from decree of C. P. Allegheny Co., Dec. T., 1890, No. 998, in equity modifying a former decree in case of The Manufacturers Natural Gas Company v. The Birmingham & Brownsville Macadamized Turnpike Road Company. Petition to compel plaintiff to comply with the terms of a former decree.
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Appeal, No. 131, Oct. T., 1913, by The Borough of Carriek, from decree of C. P. Allegheny Co., Dec. T., 1890, No. 998, in equity modifying a former decree in case of The Manufacturers Natural Gas Company v. The Birmingham & Brownsville Macadamized Turnpike Road Company. Petition to compel plaintiff to comply with the terms of a former decree. Before Carnahan, J. Prom the record it appeared that in 1886 a gas company, later merged into the plaintiff gas company, had contracted with a turnpike company to furnish forty lamps for the illumination of the turnpike and to supply such lamps with gas…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
We cannot agree with the learned counsel for appellant that the court below was without jurisdiction of the subject matter of this controversy, or that the modification of the decree of 1892 so as to permit the use of Welsbach burners was an abuse of discretion by the court *462below. This is especially true in view of the stipulation of counsel when the case was submitted, which, provided, inter alia, as follows: “Should the court be of opinion that the decree should be modified to the extent here suggested, or in any other manner, it is submitted to the court that it…
2Cited by1 opinion
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