Legal Opinion

Barnes Laundry Co. v. Pittsburgh

Supreme Court of Pennsylvania

Decided January 5, 1920No. Appeal, No. 41PublishedCited by 48 opinions

Appeal, No. 41, Oct. T., 1919, by plaintiff, from decree of O. P. Allegheny Co., July T., 1918, No. 1624, dismissing bill in equity in case of Barnes Laundry Company v. City of Pittsburgh, a Municipal Corporation, Charles S. Hubbard, Treasurer of the City of Pittsburgh; John Swan, Jr., Director of the Department of Public Works of the City of Pittsburgh. Bill in equity for an injunction and for a refunding of excessive water rates.

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Appeal, No. 41, Oct. T., 1919, by plaintiff, from decree of O. P. Allegheny Co., July T., 1918, No. 1624, dismissing bill in equity in case of Barnes Laundry Company v. City of Pittsburgh, a Municipal Corporation, Charles S. Hubbard, Treasurer of the City of Pittsburgh; John Swan, Jr., Director of the Department of Public Works of the City of Pittsburgh. Bill in equity for an injunction and for a refunding of excessive water rates. Before Carpenter, J. The court sustained a demurrer and dismissed the bill. Plaintiff appealed. Error assigned was decree dismissing the bill.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

To facilitate a ready understanding of, and future reference to, this opinion, we have divided it into seven parts, as follows: (I) Statement of the case. (II) Consideration of the Public Service Company Law. (Ill) Act of June 15, 1915, P. L. 976, in regard to taxes and water rents in cities of second class. (IV) Equity jurisdiction, including discussion of general principles governing municipal utility rates and inadequacy of remedies at law; also estoppel by use. (V) Laches. (VI) Statement concerning authorities cited. (VII) Final order.

I-

The bill complains…

2Cases cited15 opinions

  1. Wagner v. City of Rock IslandIllinois Supreme Court · 1893
  2. City of Chicago v. Northwestern Mutual Life InsuranceIllinois Supreme Court · 1905
  3. Silkman v. Board of Water CommissionersNew York Court of Appeals · 1897
  4. Fretz v. City of EdmondSupreme Court of Oklahoma · 1916
  5. Jolly v. Monaca BoroughSupreme Court of Pennsylvania · 1907

10 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Shirk v. Lancaster CitySupreme Court of Pennsylvania · 1933
  2. City of Logansport v. Public Service CommissionIndiana Supreme Court · 1931
  3. City of Phoenix v. KasunArizona Supreme Court · 1939
  4. American Aniline Products, Inc. v. Lock HavenSupreme Court of Pennsylvania · 1926
  5. Provident Trust Co. v. Judicial B. & L. Assn.Superior Court of Pennsylvania · 1933

43 more not listed; retrieve them via the Exa API.

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