Bennett Water Co. v. Millvale Borough
Supreme Court of Pennsylvania
Appeal, No. 63, Oct. T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1900, No. 689, on verdict for plaintiff in case of the Bennett Water Company v. Burgess and Town Council of Millvale Borough. Trespass to recover damages for injuries sustained by the erection of a waterworks.
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Appeal, No. 63, Oct. T., 1901, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1900, No. 689, on verdict for plaintiff in case of the Bennett Water Company v. Burgess and Town Council of Millvale Borough. Trespass to recover damages for injuries sustained by the erection of a waterworks. Before Frazer, P. J. From the record it appeared that’ on September 7, 1889, the borough of Millvale contracted with the Bennett Water Company for a supply of water for public purposes. Thereafter the water company erected a waterworks and laid its pipes in the streets of the borough. In…
1Opinion of the Court
Pee Curiam,
No valid reasons have been assigned why the judgment in this ease should be disturbed. What was said by our late Brother Green as to the conduct of Millvale Borough, 162 Pa. 374, can well be repeated now: “We can scarcely doubt that the proceedings by the burgess and councils, having in view the erection of new works, were animated and conducted with an unseemly desire to injure the Bennett Water Company, to de*617stroy the value of its franchises, to disregard the terms of the solemn contract made by the borough with that company and with an entire willingness to evade the teachings…
2Cases cited3 opinions
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- Millvale BoroughSupreme Court of Pennsylvania · 1894
- Fingal v. Millvale Boro.Supreme Court of Pennsylvania · 1894
3Cited by5 opinions
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Manheim Borough v. Manheim Water Co.Supreme Court of Pennsylvania · 1910
- Bennett Water Co. v. Millvale BoroughSupreme Court of Pennsylvania · 1902
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- East Mauch Chunk Borough's Petition, Pennsylvania Court of Common Pleas, Carbon County1929