Legal Opinion

Gemmill v. Calder

Supreme Court of Pennsylvania

Decided November 28, 1938No. 442Published

1Opinion

We assumed original jurisdiction of this proceeding because of the exigency which exists in the matter to which it relates. Unless the contemplated enterprise can be put under way before January 1, 1939, it will be impossible of accomplishment.

At large expense a number of the municipalities in the County of Delaware have constructed a sewer system. Sewers are owned by municipalities in their proprietary capacity, not governmentally: Williams v. Samuel, 332 Pa. 265. One of the main purposes of the system is to free the creeks, flowing through the County, from pollution. That the municipalities…

2Cases cited5 opinions

  1. Tranter v. Alleghency County Co. AuthoritySupreme Court of Pennsylvania · 1934
  2. Kelley v. EarleSupreme Court of Pennsylvania · 1937
  3. Williams v. SamuelSupreme Court of Pennsylvania · 1938
  4. Scranton Electric Co. v. Old Forge Boro.Supreme Court of Pennsylvania · 1932
  5. Spangler v. LeitheiserSupreme Court of Pennsylvania · 1897

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