Legal Opinion

New Cumberland Borough v. Riverton Consolidated Water Co.

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 94PublishedCited by 4 opinions

Appeal, No. 94, Jan. T., 1911, by plaintiff, from decree of C. P. Cumberland Co., in equity, Oct. T., 1910, No. 2, dismissing bill in case of Borough of New Cumberland v. Riverton Consolidated Water Company. Bill in equity for an injunction to restrain the defendant company from entering upon the streets and highways of the plaintiff borough and constructing thereon without its consent the water line referred to in the opinion below.

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Appeal, No. 94, Jan. T., 1911, by plaintiff, from decree of C. P. Cumberland Co., in equity, Oct. T., 1910, No. 2, dismissing bill in case of Borough of New Cumberland v. Riverton Consolidated Water Company. Bill in equity for an injunction to restrain the defendant company from entering upon the streets and highways of the plaintiff borough and constructing thereon without its consent the water line referred to in the opinion below. The following excerpts from the opinion of the court below state the facts material to this report: “The borough of New Cumberland is the plaintiff .... ,while…

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

While there are numerous specifications of error, the appellant’s principal contentions are that the court below failed to give full and proper effect to the ordinance of councils referred to in its opinion; that it admitted incompetent testimony; that it failed to understand and misapplied the actions of the health authorities in relation to the matters before it for adjudication, and that the answers to the plaintiff’s requests for findings were “evasive, indefinite and not responsive to the issue raised in this case.”

Though much might be said in criticism…

2Cases cited2 opinions

  1. Landis v. EvansSupreme Court of Pennsylvania · 1886
  2. Dorrance v. Bristol BoroughSupreme Court of Pennsylvania · 1909

3Cited by4 opinions

  1. Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
  2. McIntosh v. RoppSupreme Court of Pennsylvania · 1912
  3. Brown v. HughesSupreme Court of Pennsylvania · 1914
  4. Berg v. Butler Savings & Trust Co.Supreme Court of Pennsylvania · 1912

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