Ephrata Water Co. v. Ephrata Borough
Superior Court of Pennsylvania
Appeal, No. 188, Oct. T., 1900, by-plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of the Ephrata Water Company v. The Borough of Ephrata. Assumpsit to recover for the use of hydrants in streets and water supplied to hydrants.
Read the full summary
Appeal, No. 188, Oct. T., 1900, by-plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of the Ephrata Water Company v. The Borough of Ephrata. Assumpsit to recover for the use of hydrants in streets and water supplied to hydrants. Before Livingston, P. J. At the trial it appeared that on June 28, 1892, the Ephrata Water Company submitted to the borough of Ephrata a proposition to furnish thirty fire hydrants to be of such pattern and design as the borough council might select, and to be located at such places as the borough authorities…
1Opinion of the Court
Opinion by
Rice, P. J.,
The first question raised in this case is as to the validity of a borough ordinance passed prior to the Act of May 23,1893, P. L. 113, signed by the presiding officer of council, regularly transcribed in the ordinance book, there signed by the presiding officer and attested by the secretary, and afterwards duly published, but not signed by the burgess after being transcribed in the ordinance book. It is to be noted that we are speaking of a case arising in a borough where, at the time of the passage of the ordinance, the burgess was not authorized to act as a member of…
2Cases cited7 opinions
- Seitzinger v. Borough of TamaquaSupreme Court of Pennsylvania · 1898
- Kepner v. CommonwealthSupreme Court of Pennsylvania · 1861
- Marshall v. Commonwealth ex rel. MayorSupreme Court of Pennsylvania · 1868
- Waln's Heirs v. City of Philadelphia ex rel. ArmstrongSupreme Court of Pennsylvania · 1882
- United States Water Works Co. ex rel. Du Bois City Water Works Co. v. Borough of Du BoisSupreme Court of Pennsylvania · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Luzerne Township v. Fayette CountySupreme Court of Pennsylvania · 1938
- J. A. & W. A. Hess, Inc. v. Hazle TownshipSupreme Court of Pennsylvania · 1979
- Hontz v. Hollenback TownshipSuperior Court of Pennsylvania · 1925
- J. A. & W. A. Hess, Inc. v. Hazle TownshipCommonwealth Court of Pennsylvania · 1976
- City of New Castle v. Lawrence County, Pennsylvania Court of Common Pleas, Lawrence County1948
3 more not listed; retrieve them via the Exa API.