Chester City v. Western Union Telegraph Co.
Supreme Court of Pennsylvania
Appeal, No. 92, July T., 1892, by defendant, from order of C. P. Delaware Co., Sept. T., 1891, No. 185, entering judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit to recover license tax on telegraph poles.
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Appeal, No. 92, July T., 1892, by defendant, from order of C. P. Delaware Co., Sept. T., 1891, No. 185, entering judgment for want of sufficient affidavit of defence. Rule for judgment for want of sufficient affidavit of defence in assumpsit to recover license tax on telegraph poles. From the record it appeared the city of Chester, in 1884 and 1889, adopted two ordinances, by which it was provided that every telegraph company owning telegraph poles within the city should pay to the city treasurer a license fee of one dollar upon each new pole to be erected, and one dollar yearly for each pole…
1Opinion of the Court
Pee Ctjeiam,
It was conceded by the appellant company that the city of Chester has the power to impose a reasonable chai’ge for a license to erect telegraph poles within the limits of the municipality. The ordinance of the city imposed a license tax of one dollar per year for each pole. We have held in a number of recent cases that this amount is not so unreasonable as to justify us in interfering with the discretion of such municipalities. In this case, however, the court below entered judgment for want of a sufficient affidavit of defence. The affidavit in question contains this averment:
“The…
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