City of Allentown v. Western Union Telegraph Co.
Supreme Court of Pennsylvania
Appeal, No. 240, Jan. T., 1892, by defendant, from judgment of C. P. Lehigh Co., April T., 1888, No. 83, on verdict for plaintiff. Assumpsit to recover license fees for maintenance of telegraph poles. The facts appear by the charge of the court below, Albright, P. J., which was as follows.
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Appeal, No. 240, Jan. T., 1892, by defendant, from judgment of C. P. Lehigh Co., April T., 1888, No. 83, on verdict for plaintiff. Assumpsit to recover license fees for maintenance of telegraph poles. The facts appear by the charge of the court below, Albright, P. J., which was as follows. “ It appears that the city of Allentown enacted an ordinance requiring every telegraph, telephone or electric light company’s poles in the city of Allentown to be inspected by the police department, and that the same should be licensed, and requiring a license fee of fl.OO a year upon each pole to be paid.…
1Opinion of the Court
Per Cutiam,
We agree with the learned judge of the court below that this case is ruled by Western Union Telegraph Co. v. Phila., 22 W. N. 39, where it was held that a municipality has a right, •and it is its duty, to supervise and control the erection and maintenance of telegraph poles and wires within its limits. Hence, where a municipality imposed by ordinance a license fee of $1 per annum on each pole, and of $2.50 per annum on each mile of wire within its limits, the court declined to rule that the fee so charged was so obviously unjust as to authorize a revision of the action of the city…
2Cited by21 opinions
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- Delaware & Atlantic Telegraph & Telephone Co.'s PetitionSupreme Court of Pennsylvania · 1909
- Allegheny City v. People's Natural Gas & Pipeage Co.Supreme Court of Pennsylvania · 1896
- Borough v. Consolidated Natural Gas Co.Supreme Court of Pennsylvania · 1908
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