Wodack v. Bell Telephone Co.
Superior Court of Pennsylvania
Appeal, No. 91, Oct. T., 1915, by plaintiff, from decree of C. P. Bucks Co., April T., 1915, No. 3, dissolving preliminary injunction in case of Philip Wodack v. The Bell Telephone Company of Pennsylvania. Bill in equity for an injunction. Ryan, P. J., found the facts to be as follows: The plaintiff owns a property abutting on a township highway, in the Township of Doylestown, and County of Bucks.
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Appeal, No. 91, Oct. T., 1915, by plaintiff, from decree of C. P. Bucks Co., April T., 1915, No. 3, dissolving preliminary injunction in case of Philip Wodack v. The Bell Telephone Company of Pennsylvania. Bill in equity for an injunction. Ryan, P. J., found the facts to be as follows: The plaintiff owns a property abutting on a township highway, in the Township of Doylestown, and County of Bucks. The defendant is about to erect a telephone line along and in front of said premises, but within the limits of the said highway, and has filed its bond conditioned for the payment of such amount of…
1Opinion of the Court
Opinion by
Trexler, J.,
The State Highway Department gave the defendant company permission to occupy with its telephone line, the public road, part of which is included within the plaintiff’s title, said permission being given “subject to the consent of the township authorities.” This consent was never obtained and plaintiff, alleging that fact in his bill, seeks to prevent the construction of the telephone line. Under the Township Hoad Act, July .22, 1913, P. L. 915, the State Highway Department has the “general supervision of all township highways which are constructed, improved or maintained…
2Cases cited4 opinions
- Shevalier v. Postal Telegraph Co.Superior Court of Pennsylvania · 1903
- People's Telephone & Telegraph Co. v. Berks & Dauphin Turnpike RoadSupreme Court of Pennsylvania · 1901
- Central District & Printing Telegraph Co. v. Homer City BoroughSupreme Court of Pennsylvania · 1914
- Pfoutz v. Pennsylvania Telephone Co.Superior Court of Pennsylvania · 1904