Legal Opinion

Duquesne Light Co. v. City of Pittsburgh

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 42PublishedCited by 16 opinions

Appeal, No. 42, Oct. T., 1915, by plaintiff, from decree of O. P. Allegheny Co., April T., 1913, No. 2463, Docket “C,” dismissing bill in equity for an injunction, in case of Duquesne Light Company, a Corporation, v. City of Pittsburgh, a Municipal Corporation. Bill in equity for an injunction to restrain the municipal authorities from enforcing the provisions of a municipal ordinance. Before Cohen, J. The ordinance in question was as follows: AN ORDINANCE.

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Appeal, No. 42, Oct. T., 1915, by plaintiff, from decree of O. P. Allegheny Co., April T., 1913, No. 2463, Docket “C,” dismissing bill in equity for an injunction, in case of Duquesne Light Company, a Corporation, v. City of Pittsburgh, a Municipal Corporation. Bill in equity for an injunction to restrain the municipal authorities from enforcing the provisions of a municipal ordinance. Before Cohen, J. The ordinance in question was as follows: AN ORDINANCE. Requiring all public service corporations or other persons occupying Main street, from West Carson street to Mansfield avenue; and Wabash…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

With the consent of the municipal authorities of the City of Pittsburgh duly granted to it, or to its predecessor to whose rights it succeeded as lessee, the Duquesne Light Company occupied certain streets in the West End of Pittsburgh, with its poles and overhead wires, for the transmission of electric current for the supply of light, heat and power to the public. In other and more congested parts of the city, such wires are carried in underground conduits. Near the locality in question, on West Carson street, the wires of the Duquesne Light Company are now…

2Cases cited4 opinions

  1. Commonwealth ex rel. Bell Telephone Co. v. WarwickSupreme Court of Pennsylvania · 1898
  2. In re Beechwood AvenueSupreme Court of Pennsylvania · 1899
  3. American Telegraph & Telephone Co. v. Millcreek TownshipSupreme Court of Pennsylvania · 1900
  4. New Castle City v. Central District & Printing Telegraph Co.Supreme Court of Pennsylvania · 1904

3Cited by16 opinions

  1. William Laubach & Sons v. EastonSupreme Court of Pennsylvania · 1943
  2. Delaware River Port Authority v. Pennsylvania Public Utility CommissionSupreme Court of Pennsylvania · 1958
  3. City Stores Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1954
  4. Philadelphia Suburban Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1951
  5. Tennessee v. United StatesCourt of Appeals for the Sixth Circuit · 1958

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