Kittanning Borough v. Western Union Telegraph Co.
Superior Court of Pennsylvania
Appeal, No. 29, April T., 1904, by defendant, from judgment of’.C. P. Armstrong Co., June T., 1902, No. 14, on verdict for plaintiff in case of Kittanning Borough v. Western Union Telegraph’ Company. ' Assumpsit to recover a license tax on telegraph poles and wires.
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Appeal, No. 29, April T., 1904, by defendant, from judgment of’.C. P. Armstrong Co., June T., 1902, No. 14, on verdict for plaintiff in case of Kittanning Borough v. Western Union Telegraph’ Company. ' Assumpsit to recover a license tax on telegraph poles and wires. Before Patton, P. J. At the trial the following offer was made: Mr. McCullough: We offer in evidence the ordinance relating to poles and wires in the ordinance book at page 156, passed December 2, 1895, approved December 4, 1895. We also offer the ordinance re-enacting the same subject-matter, found on page 206 of the ordinance…
1Opinion of the Court
Opinion by
Rice, P. J.,
The fourth section of the ordinance of 1899 is a copy, verbatim et literatim, of the ordinance of 1895. The later ordinance contains no repealing clause; if it is to be construed as operating to destroy rights and relieve from liabilities that had accrued under the earlier ordinance, it is not because the council so intended, but because some inflexible rule of law requires us to give it that effect irrespective of their intention. But there is no such general rule. On the contrary, the general rule is, that the re-enactment of a previous statute is con-, strued not to…
2Cases cited5 opinions
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
- Western Union Telegraph Co. v. Borough of New HopeSupreme Court of the United States · 1903
- Postal Telegraph-Cable Co. v. TaylorSupreme Court of the United States · 1904
- Postal Telegraph-Cable Co v. New HopeSupreme Court of the United States · 1904
- Lansdowne Borough v. Springfield Water Co.Superior Court of Pennsylvania · 1901
3Cited by4 opinions
- Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1909
- Pottsville Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1907
- Delaware & Atlantic Telegraph & Telephone Company's License FeesSuperior Court of Pennsylvania · 1908
- West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905