Edison Electric Illuminating Co. v. Citizens Electric Co.

Citations

• 235 Pa. 492
• 84 A. 438
• 1912 Pa. LEXIS 575

Syllabus

<p>Corporations — Electric •light companies — Conflicting rights— Maintenance of wires — Interference of wires.</p> <p>1. As between electrical companies exercising similar franchises upon the same streets priority carries superiority of right.</p> <p>2. The subsequent licensee is under the duty to so construct and maintain its wires and lines as not to interfere with the right of the prior occupant of the streets to properly maintain and operate its lines and to transact the business it is authorized by its franchise to transact.</p> <p>3. Equity will enjoin all interference of junior companies with senior companies which is not strictly unavoidable, and this without regard to the extra cost of the methods which might be necessary for the junior company to use to prevent such interference.</p> <p>4. The company having the prior right upon the street is entitled to as much space therein as is reasonably necessary for the safe and successful operation of its line, including any additional space that it may be reasonably anticipated will become necessary in the future for the growth and enlargement of its business.</p> <p>5. There is no right, without the consent of the other party, in one electric light company to attach in any way its wires to the poles of another electric light company, or to attach the wires of another electric light company to its own poles.</p>