Suburban Water Co. v. Oakmont Borough
Supreme Court of Pennsylvania
Appeal, No. 70, Oct. T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1919, No. 1273, for defendant on question of law raised by affidavit of defense, in case of Suburban Water Company v. Oakmont Borough. Assumpsit for water supplied to borough. Affidavit of defense in nature of demurrer. Before Carpenter, J. The opinion of the Supreme Court states the facts. The court entered judgment for defendant. Plaintiff; appealed.
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Appeal, No. 70, Oct. T., 1919, by plaintiff, from judgment of C. P. Allegheny Co., April T., 1919, No. 1273, for defendant on question of law raised by affidavit of defense, in case of Suburban Water Company v. Oakmont Borough. Assumpsit for water supplied to borough. Affidavit of defense in nature of demurrer. Before Carpenter, J. The opinion of the Supreme Court states the facts. The court entered judgment for defendant. Plaintiff; appealed. Terror assigned was sustaining demurrer and entering judgment, quoting demurrer, judgment and exception.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This is an action of assumpsit for water supplied to defendant borough. The Suburban Water Company, appellant, as a public service corporation, had furnished water to the borough for fire protection since 1893. It filed its schedule with the Public Service Commission March 1, 1918, which, after due advertising, was to become effective April 1, 1918. Appellee filed a complaint to the rates there set forth, but continued to receive and use appellant’s commodity, and, when sued for the price thereof, refused to pay, setting up as a defense (1) that no contract with…
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