Sweeney v. Wilkes-Barre

Citations

• 62 Pa. Super. 54
• 1916 Pa. Super. LEXIS 351

Syllabus

<p>Corporations — Electric light companies — Use of street — Equity— Clean hands.</p> <p>Where an owner of a lot abutting on a city street drives an iron pipe across and beneath the surface of the street, and conducts a wire through the pipe and leases both pipe and wire to an electric light company whose plant is across the street, and thus obtains for himself and his neighbors on the same side of the street a supply of electricity, and it appears that the electric light company had not obtained the consent of the municipality to the use of the streets, the lot owner has no standing to maintain a bill in equity to restrain the city from interfering with the pipe and wire laid across the street; and if he files such a bill, and before, hearing, parts with his title, the bill will be dismissed, both because the plaintiff has no right in the matter after parting with his title, and because he has not brought the suit with clean hands, but for the purpose of subserving the interests of the electric light company.</p>