26 Pa. Super. 343 | Pa. Super. Ct. | 1904
Opinion by
The elements which enter into such a charge as that for the recovery of which this action was brought, are the necessary or probable expense incident to the issuing of the license arid the probable expense of such inspection, regulation and police surveillance as the municipal authorities may lawfully give to the erection and maintenance of the poles and wires: Taylor Borough v. Postal Telegraph, etc., Co., 16 Pa. Superior Ct. 344; 202 Pa. 583. Although this case was reversed by the Supreme Court of the United States (192 U. S. 64, 24 Sup. Ct. Rep. 208) it was not upon this point. On the contrary the court expressly reaffirmed the rule as stated by Mr. Justice Brewer in Atlantic & Pacific Telegraph Co. v. Philadelphia, 190 U. S. 160 (23 Sup. Ct. Rep. 817) in the following language: “ When it is authorized -only in support of police supervision, the expense of such supervision determines the amount of the charge; and, if it were possible to prove in advance the exact cost, that would be the limit of the tax. In the nature of things, that, however, is ordinarily im
Judgment reversed and venire facias de novo awarded.