Legal Opinion

Bellevue Borough v. Ohio Valley Water Co.

Supreme Court of Pennsylvania

Decided April 20, 1914No. Appeal, No. 73PublishedCited by 29 opinions

Appeal, No. 73, Oct. T, 1914, by plaintiffs, from decree of C. P. Allegheny Co., April T., 1914, No. 435, In Equity, refusing preliminary injunction in case of The Borough of Bellevue, a Municipal Corporation, W. C. Bradley and M. C. Ryan, Citizens and Taxpayers of said Borough v. The Ohio Valley Water Company. Bill in equity to enjoin defendant water company from increasing its rates. Motion for preliminary injunction.

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Appeal, No. 73, Oct. T, 1914, by plaintiffs, from decree of C. P. Allegheny Co., April T., 1914, No. 435, In Equity, refusing preliminary injunction in case of The Borough of Bellevue, a Municipal Corporation, W. C. Bradley and M. C. Ryan, Citizens and Taxpayers of said Borough v. The Ohio Valley Water Company. Bill in equity to enjoin defendant water company from increasing its rates. Motion for preliminary injunction. Before Evans, J. Prom the record it appeared that a contract had been entered into between the Borough of Bellevue and the water company which fixed the rates to be charged…

1Opinion of the Court

Opinion by

Me. Justice Elkin,

We fully agree with the general conclusions reached by the learned court below, and nothing contained in this record, or said in the argument, would warrant us in disturbing the decree refusing the motion for a preliminary injunction. If the case in any of its aspects involves the reasonableness or unreasonableness of water rates, it is a sufficient answer to say that the section of the Act of April 29, 1874, P. L. 73, which gave courts the power to determine questions of this character was repealed by the Public Service Company Law, approved July 26, 1913, P. L.…

2Cases cited1 opinion

  1. Turtle Creek Borough v. Penna. Water Co.Supreme Court of Pennsylvania · 1914

3Cited by29 opinions

  1. Taylor v. MooreSupreme Court of Pennsylvania · 1931
  2. Leiper v. Baltimore & Philadelphia RailroadSupreme Court of Pennsylvania · 1918
  3. Woodburn v. Public Service CommissionOregon Supreme Court · 1916
  4. St. Clair Borough v. Tamaqua & Pottsville Elec. Ry. Co.Supreme Court of Pennsylvania · 1918
  5. Lansdale Borough v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1961

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