American Telegraph & Telephone Co. v. Millcreek Township
Supreme Court of Pennsylvania
American Telegraph & Telephone Co. v. Millcreek Township, 195 Pa. 643 (Pa. 1900)
46 A. 140; 1900 Pa. LEXIS 698
Bbown, Fell, Gbeen, Mestbezat, Mitchell
American Telegraph & Telephone Co. v. Millcreek Township
Opinion of the Court
We are clearly of opinion that the location of the poles and wires of the plaintiff company was a matter which was within the reasonable control of the road commissioners, and we find no evidence of any abuse of their discretion on the record. We affirm the decree upon the findings of fact and conclusions of law contained in the opinion of the learned court below.
Decree affirmed and appeal dismissed at the cost of the appellant.
Reference
- Full Case Name
- American Telegraph and Telephone Company of Pennsylvania v. Millcreek Township
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- Telegraph companies—Discretion of road commissioners as to the location of telegraph poles. A telegraph or telephone company by erecting its lines o£ poles in a certain place in a highway with the express or implied assent of the road authorities, does not thereby acquire a vested right perpetually to maintain said lines of poles in that particular location: and in after years if changed conditions render it necessary for the public good that such line of poles be moved to a different part of the highway, the road commissioners have the right in the proper exercise of their discretion to compel such removal.