FARRELL v. ALTOONA CATV CORP.


419 Pa. 391 (1965)

Farrell v. Altoona CATV Corporation, Appellant.

Supreme Court of Pennsylvania.

November 9, 1965.


Attorney(s) appearing for the Case

George F. Mahaney, for appellant.

Anthony Perfilio, City Solicitor, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.


OPINION BY MR. JUSTICE COHEN, November 9, 1965:

The simple question presented for our decision by this appeal is whether a third class city may, by resolution, grant a corporation permission to erect and maintain wires and cables over, across, through or under streets, alleys and other public places in the city.

The lower court determined that the Act of June 28, 1951, P.L. 662, § 10.4, 53 P.S. § 36057 which provides: "No franchise or consent...

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