United Electric Light Co. v. East Pittsburg Borough

Citations

• 230 Pa. 65
• 79 A. 229
• 1911 Pa. LEXIS 563

Syllabus

<p>Boroughs — Ordinances—Electric light company — Extending time limit fixed, by ordinance — Resolutions.</p> <p>1. Where a borough by ordinance has granted to an electric light company the right to erect poles and string wires along the borough streets to be exercised within a specified time, the borough cannot subsequently extend the time limit by a mere resolution not presented to the burgess for approval, nor duly recorded and advertised. Such an extension can only be effected by an ordinance; but where the borough has in no way insisted upon a strict compliance with the ordinance as to time, but has only objected that a proper bond has not been filed, the borough will not be permitted to enforce a forfeiture of the grant by removing the poles and wires on the ground that the company failed to observe the original time limit.</p> <p>2. In such a case where it appears that the electric light company had made continuous efforts in good faith to furnish a bond satisfactory to the borough, the court will restrain the borough from removing the poles and wires, but will require the company to execute and deliver within a time specified the bond required by the ordinance.</p> <p>Appeals — Assignments of error — Equity—Exceptions.</p> <p>3. Assignments of error to the answers and findings of the trial judge in an equity suit made before the filing of exceptions are improper. Assignments in such a case should be to the final action of the court upon exceptions to the rulings of the trial judge.</p>