Westside Electric Street Ry. Co. v. West Penn Power Co.

Opinion on exceptions to the court’s adjudication.

Cummins, J.,

Plaintiff by bill seeks to restrain defendant company from crossing, with a system of high-tension lines, its tracks and facilities at a height of at least 145 feet above and without touching at any point the physical property of the former. The facts fully appear in the court’s adjudication; plaintiff’s exceptions to which are now before the court in banc. By these exceptions but a single question of law is raised — whether the Act of May 21, 1921, P. L. 1057, which gives to light, heat and power companies the right of eminent…