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· 2/10/1919

Cochranton Telephone Co. v. Public Service Commission

Citations

  • 263 Pa. 506
  • 107 A. 23
  • 1919 Pa. LEXIS 463

Syllabus

<p>Telephone companies — Merger—Competing lines — Classification —Public policy — Constitutional law — ■Article VI, Section 12, of the Constitution.</p> <p>1. The Pennsylvania statutes and constitutional provisions relative to the consolidation of telegraph companies are applicable to telephone companies and therefore a merger of telephone companies owning competing lines violates Article VI, Section 12, of the Constitution providing that “no telegraph company shall consolidate with or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line.” .</p> <p>2. Telephone companies in Pennsylvania, existing only under statutes providing for the incorporation of telegraph companies, are classified with them, and, this being in the nature of a pronouncement of public policy by the legislature along lines of expediency, the courts are bound thereby, at least so long as the legislative attitude continues.</p>

Judges: Frazer, Moschzisker, Simpson, Stewart, Walling

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