Pennsylvania Telephone Co. v. Hoover
Supreme Court of Pennsylvania
Appeal, No. 6, May T., 1904, by plaintiff, from decree of Superior Court, March T., 1903, No. 21, reversing decree of C. P. Dauphin Co., Equity Docket, No. 298, continuing preliminary injunction in case of Pennsylvania Telephone Company v. Charles Hoover. Appeal from Superior Court. Error assigned was decree of Superior Court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
If a telegraph company does not possess the right of eminent domain, authorizing it to construct its lines upon private property in the exclusive use and enjoyment of the owner, it is conceded that such right is not possessed by a telephone company. If a telegraph company possesses this high right, it is conferred by clause 1, sec. 33, of the Act of April 29, 1874, P. L. 73, which authorizes the company “ to construct lines of telegraph along and upon any of the public roads, streets, lands or highways, or across any of the waters within the limits of this state.”…
2Cases cited2 opinions
- Commonwealth v. Erie & North-East RailroadSupreme Court of Pennsylvania · 1854
- Woods v. Greensboro Natural Gas Co.Supreme Court of Pennsylvania · 1903
3Cited by10 opinions
- State v. AitchisonMontana Supreme Court · 1934
- Solar Electric Company's AppealSupreme Court of Pennsylvania · 1927
- Shinzel v. Bell Telephone Co.Superior Court of Pennsylvania · 1906
- Mountain Water Supply Co. v. Sagamore Coal Co., Pennsylvania Court of Common Pleas, Fayette County1922
- Toler v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1958
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