Saltsburg Gas Co. v. Bor. of Saltsburg
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE INDIANA COUNTY. No. 152 October Term 1890, Sup. Ct.; court below, No. 240 June Term 1890, C. P. in Equity.
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APPEAL BY DEPENDANT EROM THE COURT OE COMMON PLEAS OE INDIANA COUNTY. No. 152 October Term 1890, Sup. Ct.; court below, No. 240 June Term 1890, C. P. in Equity. On April 14,1890, the Saltsburg Gas Company, incorporated for the transportation and supply of natural gas, filed a bill in equity against the burgess and town council of the borough of Saltsburg and its employees, praying upon the facts therein averred: 1. That the defendant be restrained and enjoined from using, burning, or consuming the gas of the plaintiff in open street lights, or from authorizing or permitting the same to be so…
1Opinion of the Court
Opinion,
Me. Justice Mitchell:
The right of the borough of Saltsburg to use the gas free of charge for lighting its streets is admitted, but the extent of the right depends on the construction of the words “street lamps ” in the ordinance of March 12,1888. The word lamp, considered with reference to the general idea conveyed, is as definite as any word in the language, but with regard to the particular form, material, and method of operation of the instrument itself, and the substance used as a light producer, it is as vague as the name of any concrete article in daily use can well be. As to…
2Cases cited1 opinion
- Grubb's AppealSupreme Court of Pennsylvania · 1879
3Cited by6 opinions
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- Alcorn Combustion Co. v. Kellogg Co.Supreme Court of Pennsylvania · 1933
- Bassell v. West Virginia Central Gas Co.West Virginia Supreme Court · 1920
- Utilities Production Corporation v. Carter Oil Co.Court of Appeals for the Tenth Circuit · 1934
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