Allegheny County Light Co. v. Booth

Citations

• 216 Pa. 564
• 66 A. 72
• 1907 Pa. LEXIS 865

Syllabus

<p>Corporations — Electric light companies — Municipal consent — Aefs of April 29, 1874, P. L. 73, May 8, 1889, P. L. 136 — Laches.</p> <p>Where a company incorporated in 1880, under the Act of April 29, 1874, P. L. 73, for the purpose of the manufacture and supply of light, receives in 1881, from a city, the right “to erect and maintain poles and wires for the purpose of conducting electricity to be used for lighting purposes on such streets, lanes, and alleys of the city as may from time to time be required by the company for the purpose aforesaid,” and thereafter the company surrenders its original charter, and takes out letters patent under the Act of May 8, 1889, P. L. 136, providing for the incorporation of companies for the supply of light, heat and power by electricity, the company is not required to have a renewal of municipal consent, but may, under the original ordinance, lay its conduits under the sidewalks of the streets.</p> <p>In such a case the right of the company to change its system from poles and wires to conduits, is expressly provided for by the act of May 8, 1889, which gives to such a company the right “to alter, inspect and repair its system of distribution.”</p> <p>Where an electric light company is given the right to use the streets of a municipality, it has the right to lay its conduits under the sidewalks inasmuch as the sidewalks are parts of the streets.</p> <p>Where an electric light company changes from the pole to the conduit system of distributing electricity, the change is subject to proper police regulation, but if the city makes no complaint of the new construction, and no complaint is made by private owners, for more than six years, the right of the company becomes vested, and a court of equity will not decree the removal of the conduit.</p>