Legal Opinion

Borough of Ashland v. Haupt

Supreme Court of Pennsylvania

Decided April 8, 1889No. 16PublishedCited by 29 opinions

FROM THE DECREE OF THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, IN EQUITY. No. 16 July Term 1887, Sup. Ct.; court below, No. 6 July Term 1882, C. P. On May 16, 1882, a bill in equity was filed by tbe borough of Ashland against Frank S. Haupt and John Haupt, praying for an injunction to restrain the defendants from interfering with the water supply of the borough.

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FROM THE DECREE OF THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, IN EQUITY. No. 16 July Term 1887, Sup. Ct.; court below, No. 6 July Term 1882, C. P. On May 16, 1882, a bill in equity was filed by tbe borough of Ashland against Frank S. Haupt and John Haupt, praying for an injunction to restrain the defendants from interfering with the water supply of the borough. The bill set out: 1. Incorporation of the borough of Ashland under the provisions of the act of February 13, 1857, P. L. 36, its population at 7000, and the existence of manufacturing interests within its limits. 2. The purchase…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson:

This was a bill filed by the borough of Ashland, plaintiff below, to restrain the defendants, Frank S. Haupt and John Haupt, from interfering with the water supply of said borough. The facts of the case, so far as it is necessary to state them, are substantially as follows:

*221The town of Ashland has a population of about seven thousand inhabitants, and was duly incorporated as a borough in the year 1857, under the laws of this commonwealth. In the year 1876 the said borough purchased a tract of land containing ten acres and upwards, situate in Butler township,…

2Cited by29 opinions

  1. People v. HulbertMichigan Supreme Court · 1902
  2. Hyre v. BrownWest Virginia Supreme Court · 1926
  3. Pennsylvania Public Utility Commission v. Pennsylvania Gas & Water Co.Supreme Court of Pennsylvania · 1980
  4. Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
  5. Clark v. Penna. R. Co., Pennsylvania Court of Common Pleas, Westmoreland County1891

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