Legal Opinion

Philadelphia v. American Union Telegraph Co.

Supreme Court of Pennsylvania

Decided April 8, 1895No. Appeal No. 74PublishedCited by 6 opinions

Appeal No. 74, Jan. T., 1895, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 818, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover charges on telegraph poles and wires. From the record it appeared that claim was made for an annual charge of one dollar per pole, and two and one half dollars per mile of wire against defendant for the poles and wire which it used in the streets of the city.

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Appeal No. 74, Jan. T., 1895, by defendant, from order of C. P. No. 4, Phila. Co., Dec. T., 1891, No. 818, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit to recover charges on telegraph poles and wires. From the record it appeared that claim was made for an annual charge of one dollar per pole, and two and one half dollars per mile of wire against defendant for the poles and wire which it used in the streets of the city. Defendant alleged that the ordinances providing for these charges were illegal and void, inasmuch as the company had paid to the…

1Opinion of the Court

Per Curiam,

We find nothing in the record that would justify us in sustaining either of the assignments of error. There was no error in entering judgment against the defendant company for want of a sufficient affidavit of defense.

Judgment affirmed.

2Cited by6 opinions

  1. City of McKeesport v. McKeesport & Reynoldton Passenger Railway Co.Superior Court of Pennsylvania · 1896
  2. Allegheny City v. People's Natural Gas & Pipeage Co.Supreme Court of Pennsylvania · 1896
  3. New Hope Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1901
  4. Borough of North Braddock v. Central District & Printing Telegraph Co.Superior Court of Pennsylvania · 1899
  5. Taylor Borough v. Postal Telegraph & Cable Co.Superior Court of Pennsylvania · 1901

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