Legal Opinion

Monessen Borough v. Monessen Water Co.

Supreme Court of Pennsylvania

Decided January 5, 1914No. Appeal, No. 48PublishedCited by 5 opinions

Appeal, No. 48, Oct. T., 1913, by plaintiff, from decree of O. P. Westmoreland Co., 1912, No. 824, in equity, dismissing bill in equity for fin: injunction in case of The Borough of Monessen v. Monessen Water Company. Bill in equity for an injunction. Before Copeland, P. J., specially presiding'. ' -........... The facts appear by the opinion of tha Supreme Court. ; The court on final hearing dissolved a preliminary injunction and’ dismissed the bill. Plaintiff appealed.

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Appeal, No. 48, Oct. T., 1913, by plaintiff, from decree of O. P. Westmoreland Co., 1912, No. 824, in equity, dismissing bill in equity for fin: injunction in case of The Borough of Monessen v. Monessen Water Company. Bill in equity for an injunction. Before Copeland, P. J., specially presiding'. ' -........... The facts appear by the opinion of tha Supreme Court. ; The court on final hearing dissolved a preliminary injunction and’ dismissed the bill. Plaintiff appealed. Error assigned was the decree of the court. The Pittsburgh Steel Company is not a party to the record and the 'court cannot…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

Nearly all of the questions raised in this proceeding have been decided adversely to the contentions of appellant in Greensburg Borough v. Westmoreland Water Company, 240 Pa. 481, the opinion in which case was handed down since the filing of the present bill. Counsel for appellant frankly concede this and content themselves with the discussion of a single question in their printed argument. It is contended that the water company has no right to sell its pumping plant to the steel company and the borough seeks to restrain that sale in a court of equity. It is argued…

2Cases cited1 opinion

  1. Greensburg Borough v. Westmoreland Water Co.Supreme Court of Pennsylvania · 1913

3Cited by5 opinions

  1. Caveny v. CurtisSupreme Court of Pennsylvania · 1917
  2. Iron City Savings Bank v. IsaacsenSupreme Court of Virginia · 1932
  3. New Brighton Borough v. New Brighton Water Co.Supreme Court of Pennsylvania · 1915
  4. Mullen v. Geo. M. Brewster & Sons, Inc.District Court, E.D. Pennsylvania · 1953
  5. Garvin v. Beaver Falls Borough, Pennsylvania Court of Common Pleas, Beaver County1927

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