Philadelphia v. Holmes Electric Protective Co.

Opinion by

Mr. Justice Linn,

Plaintiff appeals from judgment for the defendant on its affidavit of defense raising questions of law: section 20, Practice Act of May 14, 1915, P. L. 483, 12 PS section 471. The suit is for money alleged to be due by an ordinance as amended.

The city, by ordinance of June 4, 1906, granted permission to defendant “to carry its wires under and beneath the highways of the City for connecting buildings occupied by its customers with its central station” and to use and operate such wires “for the purpose of conducting the business of conveying for its customers a…