Lansdowne Borough v. Springfield Water Co.

Citations

• 16 Pa. Super. 490
• 1901 Pa. Super. LEXIS 98

Syllabus

<p>Municipalities — Ordinances—Invalidity of portion of ordinance.</p> <p>One section of an ordinance may be declared reasonable and valid while another section of the same ordinance may be pronounced unreasonable and void.</p> <p>Boroughs — Ordinance—License to open streets — Water companies.</p> <p>A borough ordinance providing that the roadway of any street shall not be opened or any street tunneled by any person, firm, association or corporation, for the purpose of making connection with or repairing any underground service laid thereunder, until a permit so to do shall have been obtained, applies to a water company that has a water main under a street.</p> <p>The right of a private corporation to break up the public highways of a municipality in the exercise of a franchise conferred upon it by an act of assembly is necessarily subject to the reasonable municipal regulations of the district, enacted for the common good of all its inhabitants, unless specially excluded by the act conferring the right. A company that is required to obtain municipal consent and after obtaining it has entered upon the streets, is in precisely the same situation so far as its being subject to police regulation is concerned as a company that is not required to obtain such consent, or that entered upon and was in the lawful use of the streets prior to the incorporation of the borough or city.</p> <p>Boroughs — Water companies — Ordinances—License to open streets — Act of May 16, 1899, P. L. 226.</p> <p>An ordinance of a borough imposing a license fee on a water company for making openings in streets, is covered by the language of the Act of May 16, 1889, P. L. 226, which makes water companies subject to “ such regulations as the councils of said borough, town, city or district may adopt in regard to grades, or for the protection and convenience of public travel over the same.”</p> <p>Boroughs — Ordinances—Water companies — Reasonableness of license fee for opening streets.</p> <p>A bor