Allegheny City v. People's Natural Gas & Pipeage Co.

Citations

• 172 Pa. 632
• 33 A. 704
• 1896 Pa. LEXIS 830

Syllabus

<p>Municipalities — Natural gas companies — Act of May 27, 1885.</p> <p>Where a municipality by ordinance consents to the laying of pipes in streets by a natural gas company, and requires an unqualified acceptance of “all the terms, conditions and provisions” of the ordinance, the company cannot file an apparent acceptance, and .after enjoying the benefits of the ordinance repudiate a part of its terms under cover of a reservation.</p> <p>An ordinance granting consent to a natural gas company to lay pipes in streets, imposed a tax upon the pipes so laid. The ordinance required of the company an unqualified acceptance of “all the terms, conditions and provisions ” of the ordinance. The company filed an acceptance agreeing to comply with the ordinance “ except in so far as any of the terms of said ordinance may be held or adjudged illegal or unreasonable by the courts.” The company laid its pipes but refused to pay the tax on the ground that the Supreme Court had subsequently declared such a tax invalid. Held, that the company was bound by its contract and liable for the tax.</p>