Legal Opinion

Genkinger v. City of New Castle Water Co.

Pennsylvania Court of Common Pleas, Lawrence County

Decided July 26, 1955No. 1Published

1Opinion of the Court

Braham, P. J.,

This case comes before the court en banc on exceptions to an adjudication refusing to enjoin defendants from treating the water supply of the City of New Castle and surrounding municipalities with compounds of fluorine.

Plaintiffs have filed some 26 exceptions to the adjudication, but their main contention, raised by their 20th exception, is that it was ultra vires for the water *87company to treat the water supply with fluorine. It is axiomatic that a corporation being a creature of the State has no powers except those conferred upon it by the legislature: Bangor Electric Company’s…

2Cases cited14 opinions

  1. Becker v. Lebanon & Myerstown Street Railway Co.Supreme Court of Pennsylvania · 1898
  2. Rhodes v. DunbarSupreme Court of Pennsylvania · 1868
  3. Hostetter v. CommonwealthSupreme Court of Pennsylvania · 1951
  4. Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
  5. Berkey v. Berwind-White Coal Mining Co.Supreme Court of Pennsylvania · 1908

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