Postal Telegraph Cable Co. v. Keystone State Construction Co.
Superior Court of Pennsylvania
Appeal, No. 331, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 2796, for defendant on demurrer in case of Postal Telegraph Cable Co., No. 1, v. Keystone State Construction Company. Trespass to recover sums.of money expended for the temporary removal of telegraph poles and wires. The facts are stated in the opinion of the Superior Court. Error assigned was in sustaining demurrer to statement of claim.
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Appeal, No. 331, Oct. T., 1915, by plaintiff, from judgment of C. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 2796, for defendant on demurrer in case of Postal Telegraph Cable Co., No. 1, v. Keystone State Construction Company. Trespass to recover sums.of money expended for the temporary removal of telegraph poles and wires. The facts are stated in the opinion of the Superior Court. Error assigned was in sustaining demurrer to statement of claim. The entry by the defendant company upon the right of way of the plaintiff company without first having secured the payment of damages prescribed…
1Opinion of the Court
Opinion by
Orlady, P. J.,
The record shows the following facts: The plaintiff, a public service corporation, had constructed on its right of way, a line of poles and strung wires for the transmission of telegraph messages.
The Philadelphia and Western Railway Company, a public service corporation, entered into a contract with the defendant construction company, to build its road bed between Villa Nova and Norristown, and in doing the necessary work of grading, by reason of the condition of the ground, it was obliged to resort to the method of rock blasting along Gulf Road.
After this work was…
2Cases cited2 opinions
- Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
- Hauck v. Tidewater Pipe Line Co.Supreme Court of Pennsylvania · 1893
3Cited by5 opinions
- Keefer v. LombardiSupreme Court of Pennsylvania · 1954
- Hirsh v. Patrick McGovern, Inc.Superior Court of Pennsylvania · 1929
- Del Pizzo v. Middle West Construction Co.Superior Court of Pennsylvania · 1941
- Postal Telegraph Cable Co. v. Philadelphia & Western Railway Co.Superior Court of Pennsylvania · 1919
- Dumbaugh v. De Felice & Son, Pennsylvania Court of Common Pleas, Beaver County1952