Legal Opinion

Allegheny County Light Co. v. Booth

Supreme Court of Pennsylvania

Decided January 7, 1907No. Appeal, No. 147PublishedCited by 4 opinions

Appeal, No. 147, Oct. T., 1906, by plaintiff, from decree of C..P. No. 2, Allegheny Co., Jan. T., 1906, No. 135, dismissing bill in equity in case of Allegheny County Light Company v. Walter W. Booth and C. E. Reichard, trading as Booth & Reichard, Harry Kerr and William Fox, trading as Kerr & Eóx, and Reed JVI. Yincent, John A. Scott and James E. Booth, trading as Yincent, Scott & Company.

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Appeal, No. 147, Oct. T., 1906, by plaintiff, from decree of C..P. No. 2, Allegheny Co., Jan. T., 1906, No. 135, dismissing bill in equity in case of Allegheny County Light Company v. Walter W. Booth and C. E. Reichard, trading as Booth & Reichard, Harry Kerr and William Fox, trading as Kerr & Eóx, and Reed JVI. Yincent, John A. Scott and James E. Booth, trading as Yincent, Scott & Company. Bill in equity for an injunction to restrain defendants from interfering with a conduit under the sidewalk of the property of Yincent, Scott & Co. Cross bill for a mandatory injunction for the removal of…

1Opinion of the Court

Opinion bt

Mr. Justice Brown,

In determining whether the Allegheny County Light Company has the right to construct and maintain conduits under the sidewalks of the streets of the city of Pittsburgh for its wires, we must turn to its charter. It was originally incorporated March 6, 1880, under the Act of April 29,1874, P. L. 73. Assuming that it had the power under its charter to furnish electric light to the public, the city of Pittsburgh, by ordinance of October 31, 1881, authorized it “ to erect and maintain poles and wires for the purpose of conducting electricity to be used *567for lighting…

2Cases cited4 opinions

  1. McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
  2. Brown v. Radnor Township Electric Light Co.Supreme Court of Pennsylvania · 1904
  3. Provost v. New Chester Water Co.Supreme Court of Pennsylvania · 1894
  4. Scranton Elec. L. & H. Co. v. Scranton Ill. H. & P. Co.Supreme Court of Pennsylvania · 1888

3Cited by4 opinions

  1. Illinois Bell Telephone Co. v. Charles Ind Co.Appellate Court of Illinois · 1954
  2. Johnson v. BD. OF CHOSEN FREEHOLDERS, MONMOUTHNew Jersey Superior Court Appellate Division · 1952
  3. American Telephone & Telegraph Co. v. Mifflintown Borough, Pennsylvania Court of Common Pleas, Juniata County1930
  4. Commonwealth v. RothLehigh County Court of Quarter Sessions · 1945

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