Legal Opinion

People's Water Co. v. Pittston

Supreme Court of Pennsylvania

Decided May 22, 1913No. Appeal, No. 64PublishedCited by 5 opinions

Appeal, No. 64, Jan. T., 1913, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 1654, on verdict for plaintiff by direction in case of The People’s Water Company, to the use of The Spring Brook Water Supply Co., v. The City of Pittston. Assumpsit on implied contract. Before Strauss, J. The opinion of the Supreme Court states the case.

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Appeal, No. 64, Jan. T., 1913, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1910, No. 1654, on verdict for plaintiff by direction in case of The People’s Water Company, to the use of The Spring Brook Water Supply Co., v. The City of Pittston. Assumpsit on implied contract. Before Strauss, J. The opinion of the Supreme Court states the case. The jury was directed to find a verdict in favor of the plaintiff, which they did in the sum of $9,639.09, and judgment was entered thereon. Defendant appealed. ' Error assigned was in giving binding instructions for plaintiff.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The numerous assignments of error and the elaborate printed argument of the appellant’s counsel have not convinced us that the learned court below committed re*210versible error in disposing of the case, nor that any extended discussion of the questions involved is necessary here* This is an action of assumpsit brought on an implied contract to recover for water furnished the defendant city for fire protection from the first of October, 1904, to the first of October, 1910, and for labor and material in changing, setting and repairing certain fire hydrants, etc. The…

2Cases cited5 opinions

  1. New Orleans v. Citizens' BankSupreme Court of the United States · 1897
  2. Bolton v. HeySupreme Court of Pennsylvania · 1895
  3. Pulaski AvenueSupreme Court of Pennsylvania · 1908
  4. Rauwolf v. GlassSupreme Court of Pennsylvania · 1898
  5. Spring Brook Water Co. v. PittstonSupreme Court of Pennsylvania · 1902

3Cited by5 opinions

  1. Hochman v. Mortgage Finance Corp.Supreme Court of Pennsylvania · 1927
  2. Baroutsis v. GregorySuperior Court of Pennsylvania · 1943
  3. Greiner v. Brubaker, Admrx.Superior Court of Pennsylvania · 1942
  4. Ottinger v. WallingSupreme Court of Pennsylvania · 1939
  5. Hartranft v. IvesSuperior Court of Pennsylvania · 1916

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