Penn. Natural Gas Co. v. Cook
Case Details
- Judge(s)
- Clark, Gordon, Green, Hand, Paxson, Sterrett, Williams
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
- State
- Pennsylvania
Outcome
The Commonwealth Court affirmed the Pennsylvania Labor Relations Board's determination that the Minersville Area School District violated the Public Employe Relations Act by failing to bargain in good faith with the cafeteria/custodial employees' association before contracting cafeteria services to an outside vendor.
Excerpt
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 256 October Term 1887, Sup. Ct.; court below, No. 584 December Term 1886, C. P. No. 1. On December 4, 1886, a summons in debt was issued in an action by John W. Cook, for use of A. Cook, against tbe Pennsylvania Natural Gas Company, the United Gas Fuel Company and B. F. Rafferty. On December 14th, the defendants pleaded, nil debet. At the trial on May 11, 1887, the defendants filed the additional plea of non est factum. It then appeared that in May, 1886, J. W. Cook, the plaintiff, under a lease from the Pittsb. & W. R. Co., was in possession of a landing on the Allegheny river, at the foot of School street, Allegheny city, the landing extending some distance above and below said street. School street, at right angles with the river, had never been actually opened, although it was upon the city plan. In an eddy adjacent to the shore, the plaintiff had a floating saw mill, a floating planing mill, and a floating dock for building and repairing barges. Access from the shore to the mills was over a float which lay at the foot of School street, and a bridge connected the float with the mills. By permission of the city, the plaintiff had made a plank road on School street, to reach the landing. The Penn. N. Gas Co. was a corporation, organized under the act of May 29, 1885, P. L. 29, and on May 19, 1886, was constructing aline or lines for the conveyance of natural gas from the foot of School street across the river to the foot of Third street, in Pittsburgh, B. F. Rafferty being in charge of the work. The plaintiff’s float and mills were in the way. Mr. Rafferty proposed to move them and Mr. Cook objected. After some controversy, the company gave to the plaintiff the bond on which suit was brought, and were thereupon permitted to enter and move his float and mills so as to enable them to dig the trench and lay their lines. B. F. Rafferty, one of the defendants, called
What This Ruling Means
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