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· 10/14/1912

Central District & Printing Telegraph Co. v. Clairton Borough

Citations

  • 51 Pa. Super. 649
  • 1912 Pa. Super. LEXIS 275

Syllabus

<p>Telegraph and telephone companies — Boroughs—Use of streets — Location of poles.</p> <p>Where a borough, by ordinance, confers upon a telegraph and telephone company the right to enter upon such of its streets and alleys “as may be necessary for the purpose of constructing, operating and maintaining lines of telegraph and telephone through the borough,” but reserves, as one of the conditions on which the general grant is to be enjoyed, the right to direct the location of the poles, the borough cannot be enjoined from prohibiting the erection of poles on one of its principal streets, in the absence of proof of any necessity for the occupation of such street, and where it affirmatively appears the company’s object could be attained by the use of certain alleys which use would not impose upon the company any excessive or prohibitive expense.</p>

Judges: Head, Henderson, Morrison, Porter, Rice

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