Legal Opinion

Metzger v. Borough of Beaver Falls

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeal, No. 119PublishedCited by 9 opinions

Appeal, No. 119, Oct. T., 1895, by plaintiff, from decree of C. P. Beaver Co., March T., 1895, No. 1, on bill in equity. Bill in equity to restrain the construction of waterworks by a borough. Before Wickham, P. J. The bill was filed by a citizen and taxpayer of Beaver Falls to restrain said borough from proceeding to erect waterworks when it was already supplied with water in pursuance of a contract between the borough and the Union Water Company.

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Appeal, No. 119, Oct. T., 1895, by plaintiff, from decree of C. P. Beaver Co., March T., 1895, No. 1, on bill in equity. Bill in equity to restrain the construction of waterworks by a borough. Before Wickham, P. J. The bill was filed by a citizen and taxpayer of Beaver Falls to restrain said borough from proceeding to erect waterworks when it was already supplied with water in pursuance of a contract between the borough and the Union Water Company. The court refused the injunction on the ground that the borough was vested with power to contract, own and operate waterworks irrespective of the…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

This appeal was argued first, June 4, 1895, in the Middle District; before the decision was handed down, we had notice by application to take original jurisdiction of the case of White v. City of Meadville, 177 Pa. 643, argued at Pittsburg, October 7,1895, involving some of same questions; decision was therefore withheld until after the argument of that case; then followed an application for reargument of both cases ; this was granted, and reargument had May 6, 1896. We have handed down this day the opinion in White et al. v. City of Meadville, and on the main…

2Cases cited3 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Millvale BoroughSupreme Court of Pennsylvania · 1894
  3. Brymer v. Butler Water Co.Supreme Court of Pennsylvania · 1896

3Cited by9 opinions

  1. Southwest Missouri Light Co. v. City of JoplinU.S. Circuit Court for the District of Western Missouri · 1900
  2. Carlisle Gas & Water Co. v. Carlisle Water Co.Supreme Court of Pennsylvania · 1898
  3. Welsh v. Borough of Beaver FallsSupreme Court of Pennsylvania · 1898
  4. Wilson v. Borough of RochesterSupreme Court of Pennsylvania · 1897
  5. Manheim Borough v. Manheim Water Co.Supreme Court of Pennsylvania · 1910

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