Legal Opinion

Black v. City of Chester

Supreme Court of Pennsylvania

Decided April 13, 1896No. Appeal, No. 29PublishedCited by 5 opinions

Appeal, No. 29, Jan. T., 1896, by-defendants, from decree of C. P. Delaware Co., June T., 1895, No. 11, on bill in equity. Bill in equity to restrain tbe city of Chester from entering into a contract for city lighting. From the record it appeared that the city of Chester is a city of the third class, operating- under the municipal act of May 23, 1889, P. L. 277. Its streets have been for several years and are now lighted by the Chester Electric Light and Power Company.

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Appeal, No. 29, Jan. T., 1896, by-defendants, from decree of C. P. Delaware Co., June T., 1895, No. 11, on bill in equity. Bill in equity to restrain tbe city of Chester from entering into a contract for city lighting. From the record it appeared that the city of Chester is a city of the third class, operating- under the municipal act of May 23, 1889, P. L. 277. Its streets have been for several years and are now lighted by the Chester Electric Light and Power Company. This company is the only person, corporation or company in said city furnishing light by electricity to the public. The…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

Has a city of the third class incorporated under or governed by the act of May 23, 1889, P. L. 277, the right to enter into a contract for lighting its streets for a term of five years ? This is the only question raised in the case before ns, and the answer to it depends upon the construction of the act referred to. This act in clause 41 of section 3, article 5, authorizes the city “ to provide for and regulate the lighting of streets with gas or electric lights or light by other means.” The city in the exercise of the power conferred by this clause and clause…

2Cases cited3 opinions

  1. Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
  2. Wade v. Oakmont BoroughSupreme Court of Pennsylvania · 1895
  3. Commonwealth v. GeorgeSupreme Court of Pennsylvania · 1892

3Cited by5 opinions

  1. Seitzinger v. Borough of TamaquaSupreme Court of Pennsylvania · 1898
  2. Hallock v. LebanonSupreme Court of Pennsylvania · 1906
  3. City of Harrisburg v. SheplerSuperior Court of Pennsylvania · 1898
  4. Kelley v. EarleSupreme Court of Pennsylvania · 1935
  5. Mansfield Boro. School Dist. v. Mansfield High School Ass'n, Pennsylvania Court of Common Pleas, Tioga County1926

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