James v. West Chester Borough
Supreme Court of Pennsylvania
Appeal, No. 375, Jan. T., 1907, by plaintiff, from judgment of O. P. Montgomery Co., Marcb T., 1907, No. 42, on verdict for plaintiff in case of John W. James v. West Chester Borough. Appeal from report of viewers. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 375, Jan. T., 1907, by plaintiff, from judgment of O. P. Montgomery Co., Marcb T., 1907, No. 42, on verdict for plaintiff in case of John W. James v. West Chester Borough. Appeal from report of viewers. The facts are stated in the opinion of the Supreme Court. The court charged in part as follows: [The borough of West Chester, without legislative authority, had no right to go beyond its limits to obtain water until the years 1838 and 1839, when there was enacted an act of assembly which gave them that permission. In consequence of that act, in 1854, they resolved to build a…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was an appeal from the report of viewers appointed to assess damages sustained by plaintiff through the appropriation of the waters of Chester creek by the defendant for the purpose of improving and enlarging its water supply. The proceedings were instituted in Chester county, but under a change of venue to Montgomery county, the issue framed under the appeal was there tried, resulting in a verdict in favor of plaintiff for $2,800, upon which judgment was entered. Plaintiff has appealed.
It appears from the evidence that in the year 1854, the borough of West…
2Cases cited7 opinions
- McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
- Hannum v. Borough of West ChesterSupreme Court of Pennsylvania · 1870
- Miller v. Windsor Water Co.Supreme Court of Pennsylvania · 1892
- Losch's AppealSupreme Court of Pennsylvania · 1885
- Lee v. Springfield Water Co.Supreme Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Springer v. Allegheny CountySupreme Court of Pennsylvania · 1960
- Rea v. Pittsburg & Connellsville RailroadSupreme Court of Pennsylvania · 1910
- Waugh v. CommonwealthSupreme Court of Pennsylvania · 1958
- Kaufmann v. PittsburghSupreme Court of Pennsylvania · 1915
- Elwood v. City of New YorkDistrict Court, S.D. New York · 1978
2 more not listed; retrieve them via the Exa API.