Legal Opinion

Kittanning Electric Light, Heat & Power Co. v. Kittanning Borough

Superior Court of Pennsylvania

Decided July 28, 1899No. Appeal, No. 107PublishedCited by 4 opinions

Appeal, No. 107, April T., 1899, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1897, No. 265, on verdict for defendant.. . Opinion by W. W. Porter, J. Appeal from justice of the peace.

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Appeal, No. 107, April T., 1899, by plaintiff, from judgment of C. P. Armstrong Co., June T., 1897, No. 265, on verdict for defendant.. . Opinion by W. W. Porter, J. Appeal from justice of the peace. Before Rayburn, P. J. It appears from the record and evidence that the plaintiff company previous to entering upon any of the streets or alleys of the defendant borough, presented a petition to said defendant borough for permission to enter upon said streets and alleys to erect the poles and wires necessary for the transportation of light, heat and power to their patrons. This permission was…

1Opinion of the Court

Opinion by

William W. Porter, J.,

Had the case of Borough of Ridley Park v. Electric Co., 9 Pa. Superior Ct. 615, been reported before the preparation of the arguments in this case much of the discussion would possibly have been omitted. As was there said and repeated in the opinion filed this day in the case of Borough of North Braddock v. Telegraph Co., boroughs may impose a license fee upon poles and wires of electric light companies in the exercise *34of the police power. The license fee is not levied as a tax, and is payable, although the company may be charged by legislative enactment with…

2Cases cited3 opinions

  1. City of McKeesport v. McKeesport & Reynoldton Passenger Railway Co.Superior Court of Pennsylvania · 1896
  2. Borough of Ridley Park v. Citizen's Electric Light & Power Co.Superior Court of Pennsylvania · 1899
  3. Borough of North Braddock v. Second Avenue Traction Co.Superior Court of Pennsylvania · 1898

3Cited by4 opinions

  1. New Hope Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1901
  2. Coatesville Borough v. Coatesville Electric Light, Heat & Power Co.Superior Court of Pennsylvania · 1907
  3. Smith v. Spring Garden Township, Pennsylvania Court of Common Pleas, York County1964
  4. Frackville Sewerage Co. v. JonesSchuylkill County Court of Quarter Sessions · 1937

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