Commonwealth ex rel. Attorney General v. Consumers' Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 5, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1901, No. 55, for defendant on case tried by the court without a jury in suit of Commonwealth ex rel. Attorney General v. Consumers’ Gas Company of Scranton. Quo warranto against a gas company. Before Jacobs, J. The findings of fact by the court below are quoted in the dissenting opinion of Mr. Justice Potter, infra. The court entered judgment for defendant.
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Appeal, No. 5, May T., 1905, by plaintiff, from judgment of C. P. Dauphin Co., Commonwealth Docket, 1901, No. 55, for defendant on case tried by the court without a jury in suit of Commonwealth ex rel. Attorney General v. Consumers’ Gas Company of Scranton. Quo warranto against a gas company. Before Jacobs, J. The findings of fact by the court below are quoted in the dissenting opinion of Mr. Justice Potter, infra. The court entered judgment for defendant. Errors assigned were in overruling various exceptions to the adjudication.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The primary question in the case is whether the Hyde Park Gas Company, incorporated in 1875 under the act of 1874, has an exclusive right to supply gas for illuminating purposes in the territory covered by its charter against the Consumers’ Gas Company incorporated under the same act in 1900. The 84th section of the act of 1874 expressly gives an exclusive right to the company first incorporated and forbids the incorporation of another company for the same purpose until certain dividends have been paid. It provides that “ companies incorporated under the provisions…
2Cases cited2 opinions
- Lehigh Water Company's AppealSupreme Court of Pennsylvania · 1883
- Freeport Water Works Co. v. PragerSupreme Court of Pennsylvania · 1889
3Cited by1 opinion
- Dorrance v. Bristol BoroughSupreme Court of Pennsylvania · 1909