Legal Opinion

Burkhard v. Pennsylvania Water Co.

Supreme Court of Pennsylvania

Decided January 2, 1912No. Appeal, No. 82PublishedCited by 8 opinions

Appeal, No. 82, Oct. T., 1911, by plaintiffs, from decree of C. P. No. 1, Allegheny Co., June T., 1909, No. 694, dismissing bill in equity in case of Walburga J. Burkhard et al. v. Pennsylvania Water Company. Bill in equity for an injunction.

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Appeal, No. 82, Oct. T., 1911, by plaintiffs, from decree of C. P. No. 1, Allegheny Co., June T., 1909, No. 694, dismissing bill in equity in case of Walburga J. Burkhard et al. v. Pennsylvania Water Company. Bill in equity for an injunction. Before Ford, J. The court filed the following opinion: FINDINGS OF FACT. 1. The defendant, the Pennsylvania Water Company, is a corporation organized and doing business under the Act of May 29, 1901, P. L. 349, and consists of the merger and consolidation of several separate and distinct water companies, all incorporated under the laws of the…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The elaborate opinion filed in the court below relieves us from the necessity of an extended discussion of the questions raised by the record. They have all been satisfactorily disposed of by the learned trial judge.

Conceding it to have been the duty of the defendant company prior to presenting its bond for approval, to make an attempt to agree with the owners as to the amount of compensation they ought to receive for the damages sustained by the appropriation of their property, that question was adjudicated in the proceeding in the common pleas in which a bond…

2Cases cited1 opinion

  1. Wadhams v. Lackawanna & Bloomsburg RailroadSupreme Court of Pennsylvania · 1862

3Cited by8 opinions

  1. City of Albuquerque v. Water Supply Co.New Mexico Supreme Court · 1918
  2. Seligsohn AppealSupreme Court of Pennsylvania · 1963
  3. Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
  4. A. H. Reid Creamery & Dairy Supply Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1922
  5. Aeroville Corp. v. Lincoln County Power District No. 1Nevada Supreme Court · 1955

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