Manufacturers Natural Gas Co. v. Birmingham & Brownsville Macadamized Turnpike Road Co.

Citations

• 243 Pa. 458
• 90 A. 134
• 1914 Pa. LEXIS 647

Syllabus

<p>Equity — Equity jurisdiction — Parties not entitled to question jurisdiction — Submission by agreement.</p> <p>1. The contention that a court of equity has no jurisdiction to modify a decree which it has entered is without merit, where it appears that the parties stipulated that “should the court be of opinion that the decree should be modified......in any...... manner, it is submitted to the court that it amend the decree.'..... to such an extent as may be deemed just and proper under the circumstances, each party reserving the right of exception and appeal.”</p> <p>. Corporations — Gas companies — Boroughs—Contracts for lighting — Equity—Injunction.</p> <p>2. An agreement between a gas company and a turnpike company provided that the gas company should furnish lamps to the turnpike company for illuminating its turnpike and supply gas' •therefor. In a suit in equity between the gas company and the-turnpike company a decree was entered defining the duties of the parties. under the agreement. A part of the turnpike was taken over by the county and the borough was charged, under the bor-. ough acts, with the duty of caring for a part of the turnpike. The borough refused to install Welsbach burners on the lamps at the gas company’s request. The gas company removed its lamps from the turnpike and discontinued supplying gas thereto, Thé\\ borough petitioned the court to compel the gas company to abide : by the terms of the decree theretofore entered. It appeared that, by the installation of Welsbach burners increased expenses would be east upon the borough, though it would receive more light therefrom and- that the cost to the gas company would be reduced. The court modified the decree which had been previously entered by increasing,the number of lamps to which the-gas company was to supply gas and by requiring the installation of Welsbacb burners at the cost of the borough. Held, that as the borough did not desire the increased light and would be put to additional ex