Bradford v. New York & Pennsylvania Telephone & Telegraph Co.
Bradford v. New York & Pennsylvania Telephone & Telegraph Co.
Opinion of the Court
Opinion by
Under nine different heads, the court below passed upon twelve distinct questions regarded by it as involved in the decision of this case, and counsel for appellant and appellees discuss them in most elaborate printed arguments ; but, as it is clear to us that the long acquiescence of the city of Bradford in what was done by the appellees and their predecessors, and its laches in filing this bill, are conclusive against its right to do so, no other question need or will be considered here.
In the court’s eighth conclusion of law there is a summary of material facts, which were fairly found from the testimony. They are, that the borough of Bradford and the city of Bradford, its corporate successor, had permitted the defendants and
While the authorities with us are not numerous in holding that laches may be imputed to the commonwealth and municipalities in denying them equitable relief which might otherwise be granted, the rule that it can be imputed to the public is clearly laid down in several cases. “ Laches may be imputed to the commonwealth as well as to an individual: ” Commonwealth ex rel. Attorney General v. Bala and Bryn Mawr Turnpike Co., 153 Pa. 47. In Penna. R. R. Co. v. Montgomery Co. Pass. Ry. Co., 167 Pa. 62, we said: “ But we know as matter of current history that street railways have been projected, and actually constructed, and are now in operation, over country roads where no legal consent has been obtained, and
Decree affirmed and appeal dismissed at appellant’s costs.
Reference
- Full Case Name
- Bradford v. New York and Pennsylvania Telephone & Telegraph Company
- Cited By
- 23 cases
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- Syllabus
- Telegraph and telephone companies — Municipalities—Laches—Estoppel —Equity. A bill in equity filed by a municipality to compel a telegraph and telephone company to remove poles and wires from the streets is properly dismissed on the ground of the plaintiff’s laches, where it appears that the municipality had permitted the defendant and its predecessors to occupy the streets with poles and wires for more than twenty-one years; that without protest or objection the municipality had stood silently by while the defendants spent from $75,000 to $100,000; that by numerous resolutions passed by both branches of council, and many of them duly approved by the mayor, consent had been given to the erection and use of the poles, cross arms, etc., on the streets and highways of the city; that, for the privileges extended by it to the defendants, it had received a valuable consideration in the use of the poles for the carrying of the wires of its fire alarm service; that it had received and duly receipted for license and pole taxes assessed against the defendants ; that it had used the telephone instruments furnished by the defendants down to the date of the hearing; that it had by general ordinances, regularly passed, approved and published, regulated the manner in which the poles should be erected and placed ; that a consideration to the city in extending privileges to the defendants was a reservation of “ the topmost gain ” for police and fire-alarm wires ; and that the city had permitted all the poles of the defendants to be erected under the direction of either the street committee of council, the street commissioner or the city engineer.