American Telegraph & Telephone Co. v. Harborcreek Township
Superior Court of Pennsylvania
Appeal, No. 106, April T., 1903, by plaintiff, from decree of C. P. Erie Co., Sept. T., 1901, No. 7, dismissing bill in equity, in case of American Telegraph and Telephone Company v. Harborcreek Township et al. Bill in equity for an injunction. Before Walling, P. J. The court filed the following opinion. The bill in above case was filed to restrain the defendants from interfering with plaintiff’s telephone poles situate in a public road in defendant township.
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Appeal, No. 106, April T., 1903, by plaintiff, from decree of C. P. Erie Co., Sept. T., 1901, No. 7, dismissing bill in equity, in case of American Telegraph and Telephone Company v. Harborcreek Township et al. Bill in equity for an injunction. Before Walling, P. J. The court filed the following opinion. The bill in above case was filed to restrain the defendants from interfering with plaintiff’s telephone poles situate in a public road in defendant township. The question involved is the right of the road authorities of a township to compel a change of location in a public road, of a line of…
1Opinion of the Court
Opinion by
W. D. Portee, J.,
In the discharge of the duty imposed by law upon road commissioners, to keep public roads and highways clear of all impediments to easy and convenient passing and traveling, those officers are vested with a discretion to make reasonable regulations, to which those who have rights in the highway must conform. The act of congress of July 24, 1866, empowering telegraph companies to construct their lines along any post road, has not the effect of putting such companies beyond municipal control with respect to the use of the highways: American Rapid Telegraph Company v.…
2Cases cited4 opinions
- Postal Telegraph Cable Co. v. CharlestonSupreme Court of the United States · 1894
- Richmond v. Southern Bell Telephone & Telegraph Co.Supreme Court of the United States · 1899
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- American Telegraph & Telephone Co. v. Millcreek TownshipSupreme Court of Pennsylvania · 1900
3Cited by6 opinions
- Ganz v. Ohio Postal Telegraph Cable Co.Court of Appeals for the Sixth Circuit · 1905
- Edgewood Borough v. ScottSuperior Court of Pennsylvania · 1905
- Easton City v. MillerSuperior Court of Pennsylvania · 1918
- Central District & Printing Telegraph Co. v. Clairton BoroughSuperior Court of Pennsylvania · 1912
- Postal Telegraph Cable Co. v. Philadelphia & Western Railway Co.Superior Court of Pennsylvania · 1919
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