Meyersdale Borough v. Somerset Telephone Co.

Citations

• 68 Pa. Super. 385
• 1917 Pa. Super. LEXIS 135

Syllabus

<p>Telegraph and telephone companies — Borough licensé — Polés and wires — Inspection—Unreasonable rate..</p> <p>A provision in an ordinance requiring -an inspection of poles and wires of a telephone company three times weekly in a borough ás the basis on which to fix a license fee is such aii abuse of discretion as to call for the intervention of the courts.</p> <p>Where an ordinance of a borough fixes' a fee of fifty cents per pole and fifty cents per mile of wire to be paid by a telephone company, and requires three weekly inspections of the poles and wires the court will reduce the fee to twenty cents per pole, and will require that the poles and wires need not be inspected regularly more, than two or three times a year, with a special inspection after each severe wind, rain or snow storm.</p> <p>The mere fact that the ordinance imposes certain duties upon the policemen does not enable the borough to collect from the telephone company the amount designated by the ordinance.</p>