Borough v. Washington & Canonsburg Railway Co.
Citations
- 234 Pa. 245
- 83 A. 108
- 1912 Pa. LEXIS 638
Syllabus
<p>Street railways — Bleciric Light, Seat and Power Companies— Boroughs — Borough streets — Bight to string wires — Act of March 19, 1908 P. L. Sk.</p> <p>Under the Act of March 19, 1908, P. L. 8k, an electric street railway company has a right to string its wires within the limits of a borough upon the poles of an electric light, heat and power company under a contract with the latter although in so doing its wires are located on streets occupied by poles of the light, heat and power company but not part of the route of the railway company or occupied by its tracks- and a bill in equity by the borough seeking an injunction to restrain such action will be dismissed where there is no violation of the provisions of either the ordinance granting permission to the railway company to occupy the borough streets or that granting permission to the electric light, heat and power company, and where the traveling public on the different streets would be interfered with just the same and for the same distance whether the line was strung on the poles of the railway company following the line of its track or on the poles of the electric light, heat and power company along its route.</p>
Judges: Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart
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