Edgewood Borough v. Scott

Citations

• 29 Pa. Super. 156
• 1905 Pa. Super. LEXIS 283

Syllabus

<p>Boroughs — Natural gas companies — Police power — Ordinance—Regulation of use of streets.</p> <p>A municipality has the right in the exercise of its police power, and it is its duty to supervise and control the introduction and maintenance, upon and under the surface of the streets, of the various appliances which sub-serve the several urban uses, such as telegraph and telephone lines, water and gas pipe, street railways and sewers, to which the highway of a city or borough may lawfully be subjected. In the exercise of this power it may ordain reasonable regulations, not inconsistent with the laws of the commonwealth, for the good order and government of the municipality, the welfare of citizens, the protection of property and the conflicting rights and interests of the various individuals or corporations enjoying franchises to use the public streets.</p> <p>The authorities of a borough, incorporated under the general laws, are by the Act of April 3, 1851, P. L. 320, as amended by the Acts of May 22, 1883, P. L. 39, and June 4, 1897, P. L. 121, vested with authority to make such regulations as they shall deem necessary for the good order and government of the borough, to lay out and ordain streets, to prohibit the erection or construction of any building or work, excavation or other obstruction to the convenient use thereof, to regulate roads, streets and common sewers, and to ordain penalties for the violation of such regulations and collect the same.</p> <p>A borough ordinance is not unreasonable which prohibits any person from making excavations in a highway until he has obtained a permit from the borough authorities, and imposes no unreasonable conditions as to the manner in which the excavations shall be made and the street repaired, and imposes no charge for such permit not grossly disproportionate to the expense of issuing it and the probable expense of proper inspection and police surveillance, as to warrant the court in declaring it unreasonable.</p> <p>