Punxsutawney Borough v. T. W. Phillips Gas & Oil Co.
Supreme Court of Pennsylvania
Appeal, No. 38, Oct. T., 1912, by plaintiff, from decree of C. P. Jefferson Co., Aug. T., 1910, No. 3, dismissing bill in equity in case of Punxsutawney Borough, P. O. Freas, W. M. Fairman, et al., y. T. W. Phillips Gas and Oil Co. Bill in equity for an injunction. Before Hinckley, P. J., specially presiding.
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Appeal, No. 38, Oct. T., 1912, by plaintiff, from decree of C. P. Jefferson Co., Aug. T., 1910, No. 3, dismissing bill in equity in case of Punxsutawney Borough, P. O. Freas, W. M. Fairman, et al., y. T. W. Phillips Gas and Oil Co. Bill in equity for an injunction. Before Hinckley, P. J., specially presiding. The court below found the facts to be as follows: FINDINGS OF FACT. 1. The Mahoning Gas and Heat Company was a corporation formed under the Act of April 29, 1874, and its supplements, “For the purpose of manufacturing gas and supplying light and heat to the public at the Borough of.…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
This was a proceeding in equity to restrain the defendant company from increasing the price of natural gas to consumers in the plaintiff borough. The bill averred, inter alia, as follows: That the plaintiffs are residents of the Borough of Punxsutawney and patrons of the defendant company; that the defendant is a corporation organized under the provisions of the Act of May 29, 1885, P. L. 29, for the purpose of supplying natural gas to the public in the Borough of Punxsutawney and places adjacent thereto; that the defend*31ant corporation is the only company…
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