Aspinwall-Delafield Co. v. Borough of Aspinwall
Supreme Court of Pennsylvania
Appeal, No. 45, Oct. T., 1910, by defendant, from decree of C. P. No. 4, Allegheny Co., Third T., 1908, No. 447, granting an injunction in case of the Aspinwall-Delafield Company v. Borough of Aspinwall. Bill for an injunction. Before Swearingen, P. J. On September 25, 1905, the borough of Aspinwall annexed to it land of the Aspinwall-Delafield Company laid out in building lots and immediately adjoining the borough.
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Appeal, No. 45, Oct. T., 1910, by defendant, from decree of C. P. No. 4, Allegheny Co., Third T., 1908, No. 447, granting an injunction in case of the Aspinwall-Delafield Company v. Borough of Aspinwall. Bill for an injunction. Before Swearingen, P. J. On September 25, 1905, the borough of Aspinwall annexed to it land of the Aspinwall-Delafield Company laid out in building lots and immediately adjoining the borough. By a contract entered into by the parties, the sewer which the Aspinwall-Delafield Company had started to erect was on completion to become the property of the borough, subject to…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
By the mere act of annexation, whereby the land of the plaintiff company became part of the borough, no property rights were disturbed; the plaintiff lost nothing in the way of property, and the defendant acquired nothing. The ownership of the sewer which the plaintiff company had constructed on its own land, and at its own expense, was unaffected. Without more, the plaintiff company would have had an undoubted right, after annexation as before, to use and enjoy the sewer, subject to the police regulations of the borough, for the sewering of its 395 lots, and…
2Cases cited2 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Allegheny City v. McClurkan & Co.Supreme Court of Pennsylvania · 1850
3Cited by21 opinions
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- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- City of Saginaw v. Consumers' Power Co.Michigan Supreme Court · 1921
- Ohlinger v. Maidencreek TownshipSupreme Court of Pennsylvania · 1933
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