Legal Opinion

Boalsburg Water Co. v. State College Water Co.

Supreme Court of Pennsylvania

Decided March 31, 1913No. Appeal, No. 181PublishedCited by 15 opinions

Appeal, No. 181, Jan. T., 1912, by defendant, from decree of C. P. Centre Co., Dec. T., 1910, No. 2, In Equity, granting injunction in case of The Boalsburg Water Company v. The State College Water Company. Bill in equity to restrain appropriation of water of a stream under power of eminent domain.

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Appeal, No. 181, Jan. T., 1912, by defendant, from decree of C. P. Centre Co., Dec. T., 1910, No. 2, In Equity, granting injunction in case of The Boalsburg Water Company v. The State College Water Company. Bill in equity to restrain appropriation of water of a stream under power of eminent domain. Before Orvis, p. j: At the trial plaintiff offered in evidence the minute book of plaintiff company to show that several leaves were missing and also offered certain exhibits, appearing hereafter, to show corporate action taken by plaintiff company in the condemnation by right of eminent domain of…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

This bill was filed to restrain appellant water company from diverting or taking the waters of Galbraith’s Gap Run so as to change or lessen the volume and flow of the stream for the purpose of supplying the same to the public; and from attempting to condemn by right of eminent domain the site, location and waters theretofore appropriated by the complaining company for a public use. The first contention of appellant is that the Boalsburg company did not condemn the waters of the stream in question under the right of eminent domain, but that it acquired whatever…

2Cases cited4 opinions

  1. Hendler v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1904
  2. Rineer v. CollinsSupreme Court of Pennsylvania · 1893
  3. Bohan v. Avoca BoroughSupreme Court of Pennsylvania · 1893
  4. Roland v. Reading School DistrictSupreme Court of Pennsylvania · 1894

3Cited by15 opinions

  1. Duquesne Light Co. v. Upper St. Clair TownshipSupreme Court of Pennsylvania · 1954
  2. Pennsylvania R. R. v. Sagamore Coal Co.Supreme Court of Pennsylvania · 1924
  3. Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
  4. Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
  5. Foley v. Beech Creek Extension R. R.Supreme Court of Pennsylvania · 1925

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