Legal Opinion

New Castle City v. Central District & Printing Telegraph Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 53PublishedCited by 2 opinions

Appeal, No. 53, Oct. T., 1903, by defendant, from decree of C. P. Lawrence Co., Dec. T., 1901, No. 3, on bill in equity in case of New Castle City v. Central District & Printing Telegraph Company. Bill in equity for an injunction. Before Walling, P. J., specially presiding.

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Appeal, No. 53, Oct. T., 1903, by defendant, from decree of C. P. Lawrence Co., Dec. T., 1901, No. 3, on bill in equity in case of New Castle City v. Central District & Printing Telegraph Company. Bill in equity for an injunction. Before Walling, P. J., specially presiding. From the record it appeared that on April 25,1882, an ordinance was passed by the councils of the city of New Castle permitting the defendant to erect telegraph poles in the streets of the city, and providing “ that the poles of said company shall be located and erected under the supervision and approval of the city…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The facts found by the learned trial judge and opinions filed by him fully sustain his conclusion. There' is no attempt here to interfere with or abridge' the charter rights of the defendant company “to carry on the business of constructing, maintaining and operating telegraph and telephone lines ” in the city of New Castle. It is maintained, however, by the plaintiff that it has the authority to regulate and supervise the location and construction of the defendant’s lines of telegraph and telephone poles upon the streets of the city, and that the general…

2Cited by2 opinions

  1. Duquesne Light Co. v. City of PittsburghSupreme Court of Pennsylvania · 1916
  2. Western Union Telegraph Co. v. City of Philadelphia, Pennsylvania Court of Common Pleas, Philadelphia County1922

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