Schellsburg v. Western Union Telegraph Co.
Superior Court of Pennsylvania
Appeal, No. 111, Oct. T., 1903, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 347, on verdict for plaintiff in case of Schellsburg v. Western Union Telegraph Company. Appeal from judgment of a justice of the peace. ■ From the record it appeared that on February 5, 1901, the borough of Schellsburg by ordinance imposed a license tax of $1.00 on each telegraph pole in the borough and of fifty cents on each, mile of telegraph wire.
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Appeal, No. 111, Oct. T., 1903, by defendant, from judgment of C. P. Bedford Co., April T., 1902, No. 347, on verdict for plaintiff in case of Schellsburg v. Western Union Telegraph Company. Appeal from judgment of a justice of the peace. ■ From the record it appeared that on February 5, 1901, the borough of Schellsburg by ordinance imposed a license tax of $1.00 on each telegraph pole in the borough and of fifty cents on each, mile of telegraph wire. Suit was brought before a justice of the peace to collect $47.00, the amount, of the tax and penalties thereon. The justice entered judgment…
1Opinion of the Court
Opinion by
Rice, P. J.,
The elements which enter into such a charge as that for the recovery of which this action was brought, are the necessary or probable expense incident to the issuing of the license arid the probable expense of such inspection, regulation and police surveillance as the municipal authorities may lawfully give to the erection and maintenance of the poles and wires: Taylor Borough v. Postal Telegraph, etc., Co., 16 Pa. Superior Ct. 344; 202 Pa. 583. Although this case was reversed by the Supreme Court of the United States (192 U. S. 64, 24 Sup. Ct. Rep. 208) it was not upon…
2Cases cited5 opinions
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
- Postal Telegraph-Cable Co. v. TaylorSupreme Court of the United States · 1904
- Lower Merion Township v. Postal Telegraph Cable Co.Superior Court of Pennsylvania · 1904
- Norwood Borough v. Western Union Telegraph Co.Superior Court of Pennsylvania · 1904
- Taylor Borough v. Postal Telegraph & Cable Co.Superior Court of Pennsylvania · 1901
3Cited by2 opinions
- Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1909
- West Conshohocken Borough v. Conshohocken Electric Light & Power Co.Superior Court of Pennsylvania · 1905