Legal Opinion

Chambersburg Borough v. Chambersburg Gas Co.

Superior Court of Pennsylvania

Decided February 26, 1909No. Appeal, No. 75PublishedCited by 4 opinions

Appeal, No. 75, Oct. T., 1908, by defendant, from judgment of C. P. Franklin Co., Dec. T., 1907, No. 136, on verdict for plaintiff in case of The Burgess and Town Council of Chambersburg Borough v. Chambersburg Gas Company. Assumpsit to recover charges for openings made in streets. Before Gillan, P. J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 75, Oct. T., 1908, by defendant, from judgment of C. P. Franklin Co., Dec. T., 1907, No. 136, on verdict for plaintiff in case of The Burgess and Town Council of Chambersburg Borough v. Chambersburg Gas Company. Assumpsit to recover charges for openings made in streets. Before Gillan, P. J. The facts are stated in the opinion of the Superior Court. At the trial when John F. Etchberger was on the stand, the following offer was made: We propose to prove by this witness and by the ordinance book of the borough of Chambersburg that there are certain ordinances of this borough which…

1Opinion of the Court

Opinion by

Porter, J.,

The borough brought this action of assumpsit to recover of *316the defendant the charges imposed upon persons or corporations, who made openings in the highways or the streets of the borough, under the provisions of an ordinance approved June 24, 1905. The ordinance required all persons who desire to make openings within the limits of any highway of the borough to first obtain from the chairman of the street committee of the borough a permit authorizing the same. The charges imposed for such permit, so far as they are relevant to this case, are as follows: “For a permit to…

2Cases cited5 opinions

  1. Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
  2. Borough v. Consolidated Natural Gas Co.Supreme Court of Pennsylvania · 1908
  3. Kittanning Borough v. Armstrong Water Co.Superior Court of Pennsylvania · 1908
  4. Kittanning Borough v. Garretts Run Gas Co.Superior Court of Pennsylvania · 1908
  5. West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905

3Cited by4 opinions

  1. Rock v. PhiladelphiaSuperior Court of Pennsylvania · 1936
  2. Philadelphia v. TownsendSupreme Court of Pennsylvania · 1911
  3. Bethlehem Poster Advertising & Sign Corp. v. City of Bethlehem, Pennsylvania Court of Common Pleas, Northampton County1922
  4. Frackville Sewerage Co. v. JonesSchuylkill County Court of Quarter Sessions · 1937

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