Lansdowne Borough v. Springfield Water Co.
Superior Court of Pennsylvania
Appeal, No. 232, Oct. T., 1899, by defendant, from order of C. P. Delaware Co., June T., 1899, No. 146, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Lansdowne Borough v. Springfield Water Company. Appeal from a judgment of a justice of the peace. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 232, Oct. T., 1899, by defendant, from order of C. P. Delaware Co., June T., 1899, No. 146, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Lansdowne Borough v. Springfield Water Company. Appeal from a judgment of a justice of the peace. Rule for judgment for want of a sufficient affidavit of defense. From the record it appeared that the suit was brought to recover $6.00 for the price of a permit to break into and open a street in the borough. The defendant filed an affidavit of defense in which it averred that it had the right to open…
1Opinion of the Court
Opinion bv
Rice, P. J.,
Section one of the borough ordinance under consideration provides that the roadway of any street shall not be opened or any *493street tunneled by any person, firm, association or corporation for the purpose of making connection with or repairing any underground service laid thereunder until a permit so to do shall have been obtained, as provided in section two. Section two provides that any person, firm, association or corporation desiring to break a street shall present an application to the highway committee setting forth in full the place where and the particular object…
2Cases cited7 opinions
- Oil City v. Oil City Trust Co.Supreme Court of Pennsylvania · 1892
- Johnson v. PhiladelphiaSupreme Court of Pennsylvania · 1869
- Appeal of the City of PittsburghSupreme Court of Pennsylvania · 1887
- Commissioners v. Northern Liberties Gas Co.Supreme Court of Pennsylvania · 1849
- Frankford & Philadelphia Passenger Railway Co. v. City of PhiladelphiaSupreme Court of Pennsylvania · 1868
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3Cited by15 opinions
- Schmidt v. City of IndianapolisIndiana Supreme Court · 1907
- Kittanning Borough v. Kittanning Consolidated Natural Gas Co.Superior Court of Pennsylvania · 1904
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- Pittsburg v. Consolidated Gas Co.Supreme Court of Pennsylvania · 1907
- Pottsville Borough v. Pottsville Gas Co.Superior Court of Pennsylvania · 1907
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