Legal Opinion

Citizens Electric Co. v. Susquehanna Boom Co.

Supreme Court of Pennsylvania

Decided April 25, 1921No. Appeal, No. 143PublishedCited by 9 opinions

Appeal, No. 143, Jan. T., 1921, by plaintiff, from decree of C. P. Lycoming Co., Sept. T., 1919, No. 1, dismissing bill in equity, in case of Citizens Electric Co. v. Susquehanna Boom Co. and Lycoming Edison Electric Co. Bill in equity for injunction. Before Whitehead, P. J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiff appealed. Error assigned, among others, was decree, quoting it.

1Opinion of the Court

Opinion bx

Mr. Justice Kephart,

The Susquehanna Boom Company, one of the defendants, incorporated under the-Act of 1846, with its supplement of 1866, was empowered to erect and maintain *520a dam. across the west branch of the Susquehanna River, to be constructed so as not to raise the water more than nine feet in perpendicular height above low-water mark, and for this purpose the company possessed the right of eminent domain. It could not take private property until adequate compensation had been paid or secured, and the security required was a bond in the sum of $150,-000 with sureties to be…

2Cases cited18 opinions

  1. Pittsburgh, Ft. Wayne & Chicago Ry. v. PeetSupreme Court of Pennsylvania · 1893
  2. Pa. Schuylkill Val. R. R. v. Reading Paper MillsSupreme Court of Pennsylvania · 1892
  3. Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
  4. Marine Coal Co. v. Pittsburgh, McKeesport & Youghiogheny RailroadSupreme Court of Pennsylvania · 1914
  5. Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921

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3Cited by9 opinions

  1. Brookbank v. Benedum-Trees Oil Co.Supreme Court of Pennsylvania · 1957
  2. Hall v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1921
  3. Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
  4. Girard Trust Co. v. DixonSupreme Court of Pennsylvania · 1939
  5. Elwood v. City of New YorkDistrict Court, S.D. New York · 1978

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