Boyertown Water Co. v. Boyertown Borough
Supreme Court of Pennsylvania
Appeal, No. 59, Jan. T., 1900 by plaintiffs, from decree of C. P. Berks Co., Jan. T., 1900, No. 718, on bill in equity in case of tbe Boyertown Water Company and William D. Kebl v. The Borough of Boyertown. Bill in equity for an injunction.
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Appeal, No. 59, Jan. T., 1900 by plaintiffs, from decree of C. P. Berks Co., Jan. T., 1900, No. 718, on bill in equity in case of tbe Boyertown Water Company and William D. Kebl v. The Borough of Boyertown. Bill in equity for an injunction. Ermentrout, P. J., filed the following opinion: From the testimony submitted I make the following findings of fact: 1. William D. Kebl, one of the plaintiffs, is a citizen, taxpayer, and owner of real estate in the borough of Boyertown, defendant. The Boyertown Water Company is a corporation under the law of the commonwealth of Pennsylvania erected by…
1Opinion of the Court
Pee Cueiam,
The findings of fact and conclusions of law contained in the opinion of the learned court below so clearly and forcibly sustain the final decree, that we feel constrained to affirm the decree upon the opinion filed. We recognize the fact that it is a case of great hardship on the part of the plaintiff, and if it were possible for us to help the plaintiff we would cheerfully do so. But the plaintiff’s works were not erected under a contract with the borough for establishing a supply of water to the borough, and hence no exclusive privilege can be claimed, nor can it be held that the…
2Cited by2 opinions
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- Pennsylvania Water Co. v. PittsburgSupreme Court of Pennsylvania · 1910