Legal Opinion

Borough of New Cumberland v. Public Service Commission

Superior Court of Pennsylvania

Decided April 18, 1921No. Appeal, No. 12PublishedCited by 2 opinions

Appeal, No. 12, March T., 1921, by complainants, from order and determination of the Public Service Commission, complaint docket No. 3163, 1919, in the case of Borough of New Cumberland and J. R. Eichinger v. Riverton Consolidated Water Company and the Public Service Commission of the Commonwealth of Pennsylvania on appeal. Complaint that rates charged by ■ Riverton Consolidated Water Company were unjust and unreasonable.

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Appeal, No. 12, March T., 1921, by complainants, from order and determination of the Public Service Commission, complaint docket No. 3163, 1919, in the case of Borough of New Cumberland and J. R. Eichinger v. Riverton Consolidated Water Company and the Public Service Commission of the Commonwealth of Pennsylvania on appeal. Complaint that rates charged by ■ Riverton Consolidated Water Company were unjust and unreasonable. Tbe facts are stated in tbe opinion of tbe Superior Court. Tbe commission dismissed tbe complaint. Complainants appealed. Error assigned, among others, was tbe order of tbe…

1Opinion of the Court

Opinion by

Linn, J.,

This complaint was brought about by unusual conditions. Tbe commission dismissed it and tbe borough of New Cumberland has appealed. It appeared that in 1896 one Horner received rights from tbe borough to put water pipes and other equipment in tbe borough streets and for tbe privilege agreed to supply water in tbe borough at a specified maximum rate. He assigned bis contract to tbe Mountain Water Company which accepted it and for some time performed. That company consolidated with others into tbe Riverton Consolidated Water Company which supplies tbe borough of New…

2Cases cited4 opinions

  1. Leiper v. Baltimore & Philadelphia RailroadSupreme Court of Pennsylvania · 1918
  2. City of Scranton v. Public Service CommissionSupreme Court of Pennsylvania · 1920
  3. Vernon Township v. Public Service CommissionSuperior Court of Pennsylvania · 1920
  4. Borough of Wilkinsburg v. Public Service CommissionSuperior Court of Pennsylvania · 1919

3Cited by2 opinions

  1. Waite v. Pittsburgh Limestone Co.Superior Court of Pennsylvania · 1921
  2. Duquesne Light Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1921

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