Legal Opinion

Philadelphia Co. v. Freeport Borough

Supreme Court of Pennsylvania

Decided April 8, 1895No. Appeal, No. 195PublishedCited by 9 opinions

Appeal, No. 195, Oct. T., 1894, by< defendant, from decree of C. P. Armstrong Co., June T., 1894,; No. 328, in favor of plaintiff on bill in equity. Bill in equity, for an injunction to restrain the defendant from interfering with the construction of a twenty-inch pipe in certain streets in the borough of Freeport, and to prevent defendant from exacting a bond or money as a condition of its consent to the use of the streets for such pipe.

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Appeal, No. 195, Oct. T., 1894, by< defendant, from decree of C. P. Armstrong Co., June T., 1894,; No. 328, in favor of plaintiff on bill in equity. Bill in equity, for an injunction to restrain the defendant from interfering with the construction of a twenty-inch pipe in certain streets in the borough of Freeport, and to prevent defendant from exacting a bond or money as a condition of its consent to the use of the streets for such pipe. The facts appear by the opinion of the Supreme Court and: by the following opinion of Rayburn, P. J., granting a preliminary injunction: “The plaintiff…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The Philadelphia Company is a corporation engaged in the production, transportation and sale of natural gas. It was engaged in this business prior to and at the time of the passage of the act “ for the incorporation and regulation of natural gas companies ” approved May 29, 1885, P. L. 29. It has not accepted the provisions of this act, but it has located and partially constructed “ a twenty inch wrought iron gas line ” for the purpose of conveying gas from its wells in Armstrong county to its customers in the cities of Pittsburg and Allegheny. The line so…

2Cases cited1 opinion

  1. Carothers v. Philadelphia Co.Supreme Court of Pennsylvania · 1888

3Cited by9 opinions

  1. 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
  2. Hindin v. Samuel, MayorSuperior Court of Pennsylvania · 1945
  3. Owl Protective Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1936
  4. Punxsutawney Borough v. T. W. Phillips Gas & Oil Co.Supreme Court of Pennsylvania · 1913
  5. School District v. Enterprise Natural Gas Co.Superior Court of Pennsylvania · 1901

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