Kittanning Borough v. Kittanning Consolidated Natural Gas Co.
Superior Court of Pennsylvania
Appeal, No. 30, April T., 1904, by defendant, from judgment of C. P. Armstrong Co., June T., 1902, No. 24, on verdict for plaintiff in case of Kittanning Borough v. Kittanning Consolidated Natural Gas Company. Assumpsit to recover a license tax on the pipes of a gas company. Before Patton, P. J. At the trial it appeared that by ordinances passed in 1900 the borough of Kittanning imposed a license tax of $30.00 per mile on the pipes and mains of the defendant company.
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Appeal, No. 30, April T., 1904, by defendant, from judgment of C. P. Armstrong Co., June T., 1902, No. 24, on verdict for plaintiff in case of Kittanning Borough v. Kittanning Consolidated Natural Gas Company. Assumpsit to recover a license tax on the pipes of a gas company. Before Patton, P. J. At the trial it appeared that by ordinances passed in 1900 the borough of Kittanning imposed a license tax of $30.00 per mile on the pipes and mains of the defendant company. Plaintiff presented these points : 1. That the validity and reasonableness of the ordinance imposing the license fee claimed,…
1Opinion of the Court
Opinion by
Rice, P. J.,
Allusion is made in the defendant’s printed argument to averments contained in the affidavit of defense. But in the absence of a rule of court providing otherwise, the affidavit had served its purpose in preventing judgment by default; it could not have been offered by the defendant on the trial as *359evidence of the facts therein alleged; and, a fortiori, cannot be considered on this appeal, it not having been offered in evidence by either party.
The action was brought under a borough ordinance requiring inspection by the police department of the mains and. pipes within the…
2Cases cited12 opinions
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
- Kneedler v. Borough of NorristownSupreme Court of Pennsylvania · 1882
- Johnson v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Harrisburg v. McPherranSuperior Court of Pennsylvania · 1900
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3Cited by26 opinions
- Wilson v. Philadelphia School DistrictSupreme Court of Pennsylvania · 1937
- William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
- American Baseball Club v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Schmidt v. City of IndianapolisIndiana Supreme Court · 1907
- Kittanning Borough v. American Natural Gas Co.Supreme Court of Pennsylvania · 1913
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