Peifly v. Mountain Water Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1906, by plaintiff, from decree of C. P. Fayette Co., No. 470, in Equity, refusing to grant a preliminary injunction in case of Frank Peifly v. The Mountain Water Supply Company. Bill in equity for an injunction.
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Appeal, No. 350, Jan. T., 1906, by plaintiff, from decree of C. P. Fayette Co., No. 470, in Equity, refusing to grant a preliminary injunction in case of Frank Peifly v. The Mountain Water Supply Company. Bill in equity for an injunction. From the record it appeared that the second clause of the defendant company’s charter was as follows: “ 2. Said corporation is formed for the purpose of storing, transporting and furnishing of water with the right to take rivulets and land and erect reservoirs for holding water for manufacturing and other purposes and for the creation, establishing,…
1Opinion of the Court
Per Curiam,
The Mountain Water Supply Company being chartered under clause 18 of the second class in section 2 of the Act of April 29, 1874, P. L. 73, is presumably a corporation for private uses which cannot constitutionally be invested with the right of eminent domain. The appellant, therefore, is entitled to protection from interference with his property by the maintenance of the status quo until the facts and the rights of the parties are shown upon full hearing.
The decree is therefore reversed and an injunction directed to be awarded as prayed.