Legal Opinion

Baily v. Fayette Gas-Fuel Co.

Supreme Court of Pennsylvania

Decided October 6, 1899No. Appeal, No. 170PublishedCited by 9 opinions

Appeal, No. 170, Jan. T., 1899, by plaintiff, from decree of C. P. Fayette Co., No. 286, in equity. Bill in equity for an injunction. The facts appear by the opinion of Reppekt, J., which was as follows: The Fayette Gas-Fuel Company was incorporated October 21, 1887, under the act of May 29,1885, providing for the incorporation and regulation of natural gas companies.

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Appeal, No. 170, Jan. T., 1899, by plaintiff, from decree of C. P. Fayette Co., No. 286, in equity. Bill in equity for an injunction. The facts appear by the opinion of Reppekt, J., which was as follows: The Fayette Gas-Fuel Company was incorporated October 21, 1887, under the act of May 29,1885, providing for the incorporation and regulation of natural gas companies. This company, becoming embarrassed, its franchises and property were sold at sheriff’s sale and the purchaser, with others in 1892, reorganized the company under the name of the Fayette Gas-Fuel Company. It is the only company…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The defendant company was chartered under the Act of May 29, 1885, P. L. 29, to produce, transport, supply, etc., natural gas for heat, light or other purposes. It has been supplying the gas for both heat and light, and proposes to continue doing so, but upon terms making a difference in price according to the use to which the gas is put by the consumer. The question now before us is the reasonableness of this regulation.

In his opinion the learned judge below said, “ So far as concerns this ease the defendant company may be regarded as incorporated for the…

2Cases cited1 opinion

  1. Hoover v. Penna. R. R.Supreme Court of Pennsylvania · 1893

3Cited by9 opinions

  1. Philadelphia Electric Co. v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1984
  2. Kasky v. Baltimore & Ohio Rd. Co.Ohio Court of Appeals · 1926
  3. Westerhoff Bros. Co. v. Ephrata BoroSupreme Court of Pennsylvania · 1925
  4. Pittsburgh & Lake Erie Railroad v. Colonial Steel Co.Supreme Court of Pennsylvania · 1916
  5. Weiner v. Hospital Service Plan, Pennsylvania Court of Common Pleas, Lehigh County1958

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