Legal Opinion

Carlisle Gas & Water Co. v. Carlisle Water Co.

Supreme Court of Pennsylvania

Decided October 17, 1898No. Appeal, No. 134PublishedCited by 5 opinions

Appeal, No. 134, Jan. T., 1898, by defendants, from decree of C. P. Cumberland Co., June T., 1896, No. 6, on bill in equity. Bill in equity for an injunction.

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Appeal, No. 134, Jan. T., 1898, by defendants, from decree of C. P. Cumberland Co., June T., 1896, No. 6, on bill in equity. Bill in equity for an injunction. Before Biddle, P. J. From the record it appeared that after the decree of October 17,1897, granting a preliminary injunction had been affirmed by the Supreme Court (182 Pa. 17), and the record returned, the defendants made application to the court for leave to file amendments to their answer, so as to bring upon the record certain ordinances, the substance of the material portions of which are given in the opinion of the Supreme Court.…

1Opinion of the Court

Opinion by

Mr. Justice Dean,

In Carlisle Gas & Water Company and William M. Henderson v. The'Carlisle Water Company, 182 Pa. 17, is a full statement of the facts as they existed up to the date of decree in that case, and we need not repeat them. Our opinion was that the peculiar character of the preliminary organization and future management of the Carlisle Gas & Water Company, as well as the special legislation relative to it, and the action of the borough, made the works, when constructed, in a largo decree municipal waterworks. Consequently, they came within the decisions in White v.…

2Cases cited5 opinions

  1. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  2. Metzger v. Borough of Beaver FallsSupreme Court of Pennsylvania · 1896
  3. Welsh v. Borough of Beaver FallsSupreme Court of Pennsylvania · 1898
  4. Wilson v. Borough of RochesterSupreme Court of Pennsylvania · 1897
  5. Carlisle Gas & Water Co. v. Carlisle Water Co.Supreme Court of Pennsylvania · 1897

3Cited by5 opinions

  1. Carlisle Gas & Water Co. v. Carlisle BoroughSupreme Court of Pennsylvania · 1907
  2. Olyphant Sewage-Drainage Co. v. Olyphant BoroughSupreme Court of Pennsylvania · 1905
  3. Dorrance v. Bristol BoroughSupreme Court of Pennsylvania · 1909
  4. Pennsylvania Water Co. v. PittsburgSupreme Court of Pennsylvania · 1910
  5. Service Personnel & Employes of the Dairy Industry v. New Sewickley Township, Pennsylvania Court of Common Pleas, Beaver County1978

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