Common'th v. Philadelphia

Supreme Court of Pennsylvania
Common'th v. Philadelphia, 132 Pa. 288 (Pa. 1890)
Clark, McCollum, Mitchell, Paxson, Williams

Common'th v. Philadelphia

Opinion of the Court

Per Curiam:

This case is ruled by Girard Life Ins. Co. v. Philadelphia, 88 Pa. 893. An attempt was made by the learned counsel for the plaintiffs to distinguish that case from this, but he has failed to satisfy us that there is any essential difference. Nor need we discuss the effect of the statute of limitations, or the presumption of payment of the gas bills in question arising from the lapse of twenty years, as some of the delinquent bills are within six years. The case has been so well discussed by the learned and able president of the court below that we need not add anything to what he has said.

Judgment affirmed.

Reference

Full Case Name
COMMON'TH EX REL. v. PHILADELPHIA
Cited By
9 cases
Status
Published
Syllabus
An ordinance of the city of Philadelphia providing that in default of payment for gas consumed, within ten days after a bill is rendered, the flow of gas may be stopped until the bill is paid, is a reasonable regulation ; and the city will not be compelled by mandamus at the suit of a property owner to turn on the flow of gas, where it appears that there are. unpaid bills for gas consumed on the premises by prior occupants: Girard Life Ins. Co. v. Philadelphia, 88 Pa. 393, followed.