Central District & Printing Telegraph Co. v. Clairton Borough
Superior Court of Pennsylvania
Appeal, No. 128, April T., 1912, by defendant, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1910, No. 616, on bill in equity in case of Central District & Printing Telegraph Company v. Clair-ton Borough. Bill in equity for an injunction to restrain the defendant from interfering with the plaintiff’s purpose in locating telephone poles on Park avenue.
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Appeal, No. 128, April T., 1912, by defendant, from decree of C. P. No. 3, Allegheny Co., Nov. T., 1910, No. 616, on bill in equity in case of Central District & Printing Telegraph Company v. Clair-ton Borough. Bill in equity for an injunction to restrain the defendant from interfering with the plaintiff’s purpose in locating telephone poles on Park avenue. Before Evans, J. The material portions of the ordinance under which the plaintiff had the right to use the streets of the borough are as follows.: ■ “Section-1. That the privilege be and is hereby granted to the Central District & Printing…
1Opinion of the Court
Opinion by
Head, J.,
In 1904 the defendant borough enacted an ordinance-conferring upon the plaintiff company the right to enter' upon its streets.and alleys “for the purpose of constructing, operating and maintaining lines of telegraph and telephone through the said borough,” etc. It is not contended, that because of the passage of this ordinance, its acceptance by the company and the construction of certain lines by the. latter, the borough is estopped from any proper exercise of the police power which belongs to it as one of the state’s agencies of government. On the other hand, the borough…
2Cases cited4 opinions
- Commonwealth ex rel. Bell Telephone Co. v. WarwickSupreme Court of Pennsylvania · 1898
- Edgewood Borough v. ScottSuperior Court of Pennsylvania · 1905
- American Telegraph & Telephone Co. v. Millcreek TownshipSupreme Court of Pennsylvania · 1900
- American Telegraph & Telephone Co. v. Harborcreek TownshipSuperior Court of Pennsylvania · 1903
3Cited by1 opinion
- Central District & Printing Telegraph Co. v. Pittsburg, McKeesport & Youghiogheny RailroadSuperior Court of Pennsylvania · 1913