Borough of Carlisle v. Carlisle Gas & Water Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Cumberland County to review a judgment for defendant in an action of assumpsit. The following is the opinion of the court below, delivered by Herman, P. J\: The Carlisle Gas & Water Company was incorporated by an act of the general assembly passed April 19, 1853. Under the powers granted by its charter the company constructed a system of water works, by means of which it introduced water into the borough of Carlisle on the 1st of February, 1854.…
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Error to the Common Pleas of Cumberland County to review a judgment for defendant in an action of assumpsit. The following is the opinion of the court below, delivered by Herman, P. J\: The Carlisle Gas & Water Company was incorporated by an act of the general assembly passed April 19, 1853. Under the powers granted by its charter the company constructed a system of water works, by means of which it introduced water into the borough of Carlisle on the 1st of February, 1854. In the year 1854, prior to the month of November, the borough, at its own cost and expense, procured and put in, at…
1Per curiam
Under the facts found, this judgment is correct. The fire plugs were not put in under any contract which precluded the company from imposing reasonable charges for the use of the water. The fact that the borough was permitted' to use it gratuitously for several years did not make such permission ir revocable. The right to change the rates was expressly reserved by rule 13 of the company. The borough had knowledge of that right. It is a large stockholder in the company and is entitled to appoint one third of the managers thereof. This right it exercises annually. It was duly notified of the…
2Cited by4 opinions
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- Gallot v. McCluskeySupreme Court of Louisiana · 1866
- Lambert Bros. v. McCoy Co.Louisiana Court of Appeal · 1914