Wettengel v. Allegheny County Light Co.
Wettengel v. Allegheny County Light Co.
Opinion of the Court
Opinion by
The findings of fact and the conclusions of law, clearly and concisely stated by the learned judge of the common pleas, fully sustain the order dismissing the original bill and the decree en
This was as far as the decree could properly go and, with this understanding of it, we affirm it. The plaintiff’s right was based on a public use of the street' by virtue of charter privilege and municipal consent, and any interference with the safe and convenient use of its wires was an encroachment upon a public right that was paramount to any right in the abutting owners. Its standing in equity to maintain its bill was that it sustained a material and specific injury different in kind from that sustained by the public at large. The broader question of the right of the defendant to maintain a wire across the street where it would neither interfere with nor endanger the public use of the street, if this is practicable, was not involved in the proceeding.
The decree is affirmed at the cost of the appellants.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.