Borough v. Pottsville Gas Co.
Superior Court of Pennsylvania
Appeal, No. 184, Oct. T., 1908, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1903, No. 232, on verdict for defendant in case of Pottsville Borough v. Pottsville Gas Company. Appeal from judgment of justice of the peace. Before Shay, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed.
Read the full summary
Appeal, No. 184, Oct. T., 1908, by plaintiff, from judgment of C. P. Schuylkill Co., Nov. T., 1903, No. 232, on verdict for defendant in case of Pottsville Borough v. Pottsville Gas Company. Appeal from judgment of justice of the peace. Before Shay, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for defendant. Plaintiff appealed. Errors assigned among others were (1-5) various rulings on evidence referred to in the opinion of the Superior Court; (6-9) various instructions and refusal to give binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Porter, J.,
The only question involved in this case is the validity of an ordinance of the borough of Pottsville imposing a charge for a permit to make openings or excavations in public streets, and directing the method of taking out such permits. The ordinance prohibited the making of excavations or openings in streets by any person, firm, association or corporation, without having first obtained a written or printed permit from the commissioner of highways, authorizing such opening or excavation, and fixed a charge or license fee for the same. The portion of the ordinance fixing…
2Cases cited10 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
- Borough of Freeport v. MarksSupreme Court of Pennsylvania · 1868
- Sunbury & Erie Railroad v. CooperSupreme Court of Pennsylvania · 1859
- Kittanning Borough v. Armstrong Water Co.Superior Court of Pennsylvania · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Raum v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1977
- Cleaver Appeal, Pennsylvania Court of Common Pleas, Chester County1961
- Emaus Borough v. Security Trust Co., Pennsylvania Court of Common Pleas, Lehigh County1924
- Hallowell v. Radnor Township, Pennsylvania Court of Common Pleas, Delaware County1936
- Hamilton v. Lemoyne BoroughCumberland County Court of Quarter Sessions · 1950
1 more not listed; retrieve them via the Exa API.