Springfield Water Co. v. Philadelphia & Garrettford Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 11, Oct. T., 1910, by defendant, from judgment C. P. Delaware Co., March Term, 1908, No. 170, for plaintift on case tried without a jury in case of Springfield Water Company v. Philadelphia & Garrettford Street Railway Company. Trespass to recover the cost of lowering a water main. Before Broomall, J., without a jury, under the act of April 22, 1874. The facts appear in the opinion of the Superior Court.
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Appeal, No. 11, Oct. T., 1910, by defendant, from judgment C. P. Delaware Co., March Term, 1908, No. 170, for plaintift on case tried without a jury in case of Springfield Water Company v. Philadelphia & Garrettford Street Railway Company. Trespass to recover the cost of lowering a water main. Before Broomall, J., without a jury, under the act of April 22, 1874. The facts appear in the opinion of the Superior Court. Error assigned among others was in not entering judgment for the defendant.
1Opinion of the Court
Opinion bt
Head, J.,
The plaintiff water company is a corporation duly created under the general act of April 29, 1874, P. L. 73, and its supplements. By virtue of the authority conferred upon it by the creative act and the necessary subsequent municipal assent, it had entered upon a certain street known as Springfield avenue, which was common to the two adjoining boroughs of Clifton Heights and Alden, and constructed therein a portion of its pipe line system which was buried beneath the surface of the ground. As the relations of the parties hereto with both of the boroughs named are identical,…
2Cases cited1 opinion
- Scranton Gas & Water Co. v. Scranton CitySupreme Court of Pennsylvania · 1906
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