Guest v. Merion Water Co.
Pennsylvania Court of Common Pleas, Montgomery County
No. 264 January Term 1890, Sup. Ct.; court below, No. 152 October Term 1889,'G. P. On September 14, 1889, George Guest and others, trading as Guest, Grater & Co., issued a scire facias sur a mechanics’ lien, filed by the plaintiffs against the Lower Merion Water Co., owner and reputed owner, and Comegys & Lewis, contractors.
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No. 264 January Term 1890, Sup. Ct.; court below, No. 152 October Term 1889,'G. P. On September 14, 1889, George Guest and others, trading as Guest, Grater & Co., issued a scire facias sur a mechanics’ lien, filed by the plaintiffs against the Lower Merion Water Co., owner and reputed owner, and Comegys & Lewis, contractors. The claim filed was for $282.40, for work done and materials furnished for and about the erection and construction of a two-story brick pumping station, with certain brick wings or additions, all described by sizes and situation. The scire facias having been returned…
1Opinion of the Court
Opinion,
Mr. Justice McCollum :
The Lower Merion Water Company was incorporated under the act of April 29, 1874, P. L. 73, and its powers, privileges, and duties are defined by the thirty-fourth section thereof. It is clothed with the right of eminent domain, and it is protected from competition until it “shall have from its earnings realized and divided among its stockholders, during five years, a dividend equal to eight per centum per annum upon its capital stock.” It is bound to furnish a sufficient quantity of pure water at reasonable rates, and the Court of Common Pleas of the proper…
2Cases cited4 opinions
- Foster & Co. v. Fowler & Co.Supreme Court of Pennsylvania · 1869
- Girard Point Storage Co. v. Southwark Foundry Co.Supreme Court of Pennsylvania · 1884
- Philadelphia & Baltimore Central Railroad Company's AppealSupreme Court of Pennsylvania · 1872
- Bayard's AppealSupreme Court of Pennsylvania · 1873
3Cited by16 opinions
- McClaskey v. Harbison-Walker Refractories Co.Court of Appeals for the Third Circuit · 1943
- National Foundry & Pipe Works, Ltd. v. Oconto Water Co.U.S. Circuit Court for the District of Eastern Wisconsin · 1892
- Atascosa County v. AngusTexas Supreme Court · 1892
- Vulcanite Paving Co. v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1908
- City of Philadelphia ex rel. Pugh v. Philadelphia & Reading RailroadSuperior Court of Pennsylvania · 1896
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