Legal Opinion

Mt. Holly Water Co. v. Borough of Mt. Holly Springs

Superior Court of Pennsylvania

Decided April 17, 1899Published

Appeal, No. 26, March T., 1899, by plaintiff, from judgment of C. P. Cumberland Co., in favor of plaintiff on case stated. Opinion by Beeber, J. Case stated. Before E. W. Biddle, P. J. ■' It appears from the case stated that plaintiff claimed for one half year’s water rent for twenty plugs or fire hydrants at the rate of. $20.00' per annum, making in all $200. The facts sufficiently appear from the following opinion and decree of the court below.

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Appeal, No. 26, March T., 1899, by plaintiff, from judgment of C. P. Cumberland Co., in favor of plaintiff on case stated. Opinion by Beeber, J. Case stated. Before E. W. Biddle, P. J. ■' It appears from the case stated that plaintiff claimed for one half year’s water rent for twenty plugs or fire hydrants at the rate of. $20.00' per annum, making in all $200. The facts sufficiently appear from the following opinion and decree of the court below. On October 24,1894, an ordinance of the borough of Mt. Holly Springs was approved, authorizing the use of the borough streets for the laying of…

1Opinion of the Court

Opiítioít by

Beeber, J.,

By the terms of the case stated the contract between the Mt. Holly Water Company and the borough of Mt. Holly Springs, providing for the furnishing of water to the borough and the payment therefor, is found in the ordinance of the borough enacted the 23d of October, 1894, and approved the following day. This was within a few days of six months before the water company was incorporated. By the terms of this ordinance the borough was “ to have the use of water for,fire, sprinkling and sanitary purposes at least twenty plugs or fire hydrants for the annual rental of twenty…

2Cases cited4 opinions

  1. Hosler v. HurshSupreme Court of Pennsylvania · 1892
  2. Kidder v. KidderSupreme Court of Pennsylvania · 1859
  3. Rising v. PattersonSupreme Court of Pennsylvania · 1840
  4. Spruneberger v. DentlerSupreme Court of Pennsylvania · 1835

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