Curry v. Harmony Electric Co.

Citations

• 251 Pa. 344
• 96 A. 822
• 1916 Pa. LEXIS 472

Syllabus

<p>Electric companies — Right to construct transmission lines — Contract with municipality- — Contract not to furnish current in district generated — Right of property owner — Equity — Injunction — Refusal.</p> <p>1. An individual cannot attack collaterally the franchise or charter of a corporation.</p> <p>2. Whether an electric company can by contract, under any cireumstanees, incapacitate itself from performing a public duty imposed upon it by its charter is at least very doubtful.</p> <p>3. An electric light company formed for the purpose of supplying light, heat and power in a borough, which had its own system of poles and wires and obtained power from another corporation, was merged with twenty-six other electric companies. The merged company contracted with the borough not to furnish electric current within the borough limits, but to maintain an electric transmission line for the purpose of transmitting electric current through the borough to a point outside. Property owners on a street, upon which the company proposed to erect its line, brought suits in equity under the Act of June 19, 1811, P. L. 1360, to enjoin the construction of such lines, alleging that the company had no right to contract not to furnish electricity within the borough. Defendant showed that the construction of such lines was within its charter rights, was authorized by municipal ordinance and approved by the Public Service Commission. There was no evidence that defendant had refused to supply current to any one within the borough. Held, the lower court properly dismissed the bills.</p>