Branch Motor Express Co. v. Commonwealth

Neely, J.,

This is an action of assumpsit brought against defendant under section 1201 (d) of the Public Utility Law of May 28, 1937, P. L. 1053, to recover part of an assessment which plaintiff claims was unlawfully and erroneously levied under section 1201(6) of that law. Plaintiff claims that the assessment was excessive. Plaintiff paid the amount of the assessment under protest. The matters are before the court on plaintiff’s statement of claim as amended, to which statement defendant filed an affidavit of defense raising questions of law under section 20 of the Practice Act of May 14,…