Hanna v. Lykens Water Co.
Supreme Court of Pennsylvania
Appeal, No. 12, May T., 1923, by plaintiff, from decree of C. P. Dauphin Co., Equity Docket No. 486, dismissing bill in equity, in case of Alfred F. Hanna v. Lykens Water Company. Bill for injunction. Before Fox, J. The opinion of the Supreme Court states the facts. Bill dismissed. Plaintiff appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Sadler,
Certain owners of land, through which Rattling Creek passes, conveyed to the Lykens Coal Company, — now the Susquehanna Collieries, — their riparian rights in the stream. In 1885 the latter gave the Water Company, appellee, — chartered in 1883, for the purpose of “supplying water to the borough and vicinity of Lykens,”— the right to use any surplus flow not needed by it. By the legislation in force the grantee had the power to condemn, but no effort to make use of this privilege was at the time attempted, and it operated within its chartered limits under the deed…
2Cases cited6 opinions
- Bly v. White Deer Mountain Water Co.Supreme Court of Pennsylvania · 1900
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Pioneer Coal Co. v. Cherrytree & Dixonville R. R.Supreme Court of Pennsylvania · 1922
- Croyle v. Johnstown Water Co.Supreme Court of Pennsylvania · 1918
- Burkhard v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Reigle v. SmithSupreme Court of Pennsylvania · 1926
- Ferguson v. Public Service CommissionSuperior Court of Pennsylvania · 1923