Appeal of the City of Harrisburg
Supreme Court of Pennsylvania
Appeal from the Court of •Common Pleas of Dauphin county, in Equity : Of May Term, 1884, No. 7. This was an appeal by the City of Harrisburg from a decree of the said court, enjoining the said appellant from cutting off the water supply of certain premises in the said city. The decree was entered in accordance with the prayers of a bill in equity, wherein Elizabeth Kunkel et al., the owners in fee of said premises, were plaintiffs and the said city was defendant.
Read the full summary
Appeal from the Court of •Common Pleas of Dauphin county, in Equity : Of May Term, 1884, No. 7. This was an appeal by the City of Harrisburg from a decree of the said court, enjoining the said appellant from cutting off the water supply of certain premises in the said city. The decree was entered in accordance with the prayers of a bill in equity, wherein Elizabeth Kunkel et al., the owners in fee of said premises, were plaintiffs and the said city was defendant. The bill and answer were referred to Elias Hollinger, Esq., as Master, whose findings of facts and conclusions of law were…
1Opinion of the CourtJustice Paxson
This bill was filed by the plaintiff below for an injunction to restrain the city of Harrisburg from stopping the water supply from certain houses owned by him. The city claimed to charge each house with the use of the water, although in point of fact the houses were so constructed that one hydrant supplied two houses. The evidence shows that the water was used for each house, and for some years the water rent was paid by the owner as claimed by the city.
The case was referred to a Master, who found the facts in favor of the defendants, and recommended that the bill be dismissed. Upon…
2Cited by2 opinions
- Land Development Co. v. Sewerage and Water BoardSupreme Court of Louisiana · 1932
- Tyrone Gas & Water Co. v. BurleySuperior Court of Pennsylvania · 1902