Chambersburg Borough v. Chambersburg Gas Co.

Citations

• 38 Pa. Super. 311
• 1909 Pa. Super. LEXIS 132

Syllabus

<p>Boroughs — Openings in streets — Ordinance—Gas companies.</p> <p>1. A borough has the right in the exercise of its police powers to regulate, inspect and supervise the introduction and maintenance under its streets of the pipe lines of a duly incorporated gas company, and to impose a reasonable charge to reimburse it for the probable expense of such inspection and supervision.</p> <p>2. In determining whether such charges are proper, the primary presumption is that the borough officers act in good faith, exercise their best judgment, and have regard only to the purpose for which an ordinance may lawfully be enacted. Their power is not, however, absolute, their action being reviewable by the courts.</p> <p>3. In an action by a borough to recover charges for opening a street, the borough is not required to show the cost of supervision and inspection in the presentation of its case in chief, where there is nothing to indicate upon the face of the ordinance fixing the charges that the borough had enacted it for revenue purposes in the guise of police regulation. The burden is upon the defendant to establish by evidence that the charges are clearly unreasonable, and the ordinance for the reason invalid.</p> <p>4. In an action by a borough to recover from a gas company charges imposed by ordinance for making openings in highways, it appeared that the ordinance provided a charge of fifty cents for the introduction of service pipe, and a charge of $5.00 per 100 feet for an extension of a gas main. The amount claimed for service pipe was $157 and for extension of mains $322.70. The evidence showed that the city clerk who issued the permits received a salary of $15.00 per month, but no particular sum for the mere issuing of permits. The police force of the borough, consisting of a chief and four policemen, received salaries amounting to $231 per month, They inspected the openings made by the defendant, but no particular part of their salaries was designated as compensation