Wood v. McGrath
Supreme Court of Pennsylvania
Appeal, No. 364 Jan. T., 1891, by defendants, Patrick McGrath et al., from decree of C. P. Montgomery Co., Dec. T., 1889, No. 2, in equity, for Alan Wood, Jr., plaintiff. Bill for injunction to restrain defendants from maintaining private drain from well in street connecting with defendant’s premises, said drain being laid under public street on land of plaintiff. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 364 Jan. T., 1891, by defendants, Patrick McGrath et al., from decree of C. P. Montgomery Co., Dec. T., 1889, No. 2, in equity, for Alan Wood, Jr., plaintiff. Bill for injunction to restrain defendants from maintaining private drain from well in street connecting with defendant’s premises, said drain being laid under public street on land of plaintiff. The facts appear by the opinion of the Supreme Court. The master, Montgomery Evans, held that the power of the borough extended only to use of streets for public purposes: Dillon, Mun. Corp., § 541; Cone v. Hartford, 28 Conn. 363;…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
It was certainly proved, and not contradicted, at the hearing of this case before the master, that the borough council gave permission to the defendant James A. McGrath to construct the drain in question. In so far therefore as it was in the power of council to authorize the digging and laying of the drain, the act of the defendant in doing so was a lawful act. The power of the council to dig up the surface of the streets of the borough, and to build sewers and drains, or to lay water or gas pipes thereunder, is ample under the borough charter (Act May 15, 1850, P.…
2Cases cited5 opinions
- Rhea v. ForsythSupreme Court of Pennsylvania · 1861
- Smith v. SimmonsSupreme Court of Pennsylvania · 1883
- City of New Castle v. RaneySupreme Court of Pennsylvania · 1890
- Borough of Susquehanna Depot v. SimmonsSupreme Court of Pennsylvania · 1886
- Mowday v. Moore, Pennsylvania Court of Common Pleas, Montgomery County1890
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- Oscar P. Gustafson Co. v. City of MinneapolisSupreme Court of Minnesota · 1950
- Sandy Lake Borough v. Sandy Lake & Stoneboro Gas Co.Superior Court of Pennsylvania · 1901
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