Legal Opinion

Seitzinger v. Borough of Tamaqua

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 25PublishedCited by 17 opinions

Appeal, No. 25, Jan. T,, 1898, by plaintiff, from decree of C. P. Schuylkill Co., March T., 1897, No. 1, on bill in equity. Bill in equity to restrain a borough council from entering into a contract for lighting its streets. Before SavidGB, P. J., of the 8tli judicial district, specially presiding.

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Appeal, No. 25, Jan. T,, 1898, by plaintiff, from decree of C. P. Schuylkill Co., March T., 1897, No. 1, on bill in equity. Bill in equity to restrain a borough council from entering into a contract for lighting its streets. Before SavidGB, P. J., of the 8tli judicial district, specially presiding. On September 2, 1895, the town council of the borough of Tamaqua entered into a written contract with the Edison Electric Illuminating Company for lighting the streets of the borough, pursuant to a resolution of council passed August 26,1895, and duly approved by the chief burgess. The contract was…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

On September 2, 1895, the borough of Tamaqua contracted with the Edison Electric Illuminating Company for the lighting of its streets for the term of five years, commencing on January 1, 1896. On January 27, 1896, a bill in equity was filed by Jacob R. Seitzinger praying, inter alia, that the borough be restrained by injunction from carrying out its contract ■with the company. To this bill the borough promptly prepared and filed a complete answer. The hearing on the rule for a preliminary injunction was on bill and answer and the rule was dismissed. The final…

2Cases cited9 opinions

  1. Appeal of the City of ErieSupreme Court of Pennsylvania · 1879
  2. Wade v. Oakmont BoroughSupreme Court of Pennsylvania · 1895
  3. Schenck v. BurgessSupreme Court of Pennsylvania · 1897
  4. Shaub v. Lancaster CitySupreme Court of Pennsylvania · 1893
  5. City of McKeesport v. McKeesport & Reynoldton Passenger Railway Co.Superior Court of Pennsylvania · 1896

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3Cited by17 opinions

  1. Three Rivers Cablevision, Inc. v. City of PittsburghDistrict Court, W.D. Pennsylvania · 1980
  2. City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
  3. Brazell v. Zeigler, County ClerkSupreme Court of Oklahoma · 1910
  4. Jones v. Schuylkill Light, Heat and Power Co.Supreme Court of Pennsylvania · 1902
  5. Swan v. City of IndianolaSupreme Court of Iowa · 1909

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