Cochranton Borough v. Cochranton Telephone Co.

Citations

• 41 Pa. Super. 146
• 1909 Pa. Super. LEXIS 26

Syllabus

<p>Telephone company — Boroughs—License tax contract — Corporations.</p> <p>1. Where an individual is granted the privilege of using the streets of a borough for the construction of a telephone line on condition that he complies with the terms of an earlier general ordinance imposing an annual license fee of one-half dollar on each pole, and the grantee accepts such privilege, he is bound to pay the license tax, and if he transfers the line to a corporation, the latter will be bound to pay the tax, although the grant to the original grantee was not to him, his successors or assigns.</p> <p>2. In an action to recover the license tax, the corporation can raise no questioij as to the reasonableness of the fee, nor is it entitled to a hearing as provided' by the Act of April 17, 1905, P. L. 183, inasmuch as it is bound by its contract to pay the amount prescribed by the general ordinance.</p>