Borough of Hanover v. Hanover Sewer Co.
Supreme Court of Pennsylvania
Appeal, No. 367, Jan. T., 1914, by plaintiff, from judgment of C. P. York Co., Oct. T., 1913, No. 13, on verdict for defendant in case of Borough of Hanover v. Hanover Sewer Company. Appeal from report of viewers in proceeding to ascertain value of sewerage system taken over by a borough in which Hanover Borough was plaintiff and the Hanover Sewer Co. defendant. Before Ross, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 367, Jan. T., 1914, by plaintiff, from judgment of C. P. York Co., Oct. T., 1913, No. 13, on verdict for defendant in case of Borough of Hanover v. Hanover Sewer Company. Appeal from report of viewers in proceeding to ascertain value of sewerage system taken over by a borough in which Hanover Borough was plaintiff and the Hanover Sewer Co. defendant. Before Ross, J. The facts appear by the opinion of the Supreme Court. Verdict for defendant for $119,454.54 and judgment thereon. Plaintiff appealed. Errors assigned were, among others, various rulings on evidence and the charge of…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This was a proceeding to ascertain the value of the *97sewerage system of the defendant company, which was taken over by the Borough of Hanover, under the provisions of the Act of Assembly of April 19, 1901, P. L. 82, which authorizes a municipality to acquire the property of a sewer company upon payment of the actual value thereof at the time of taking. As stated by counsel for appellee, the case was tried upon the theory that the actual present value of the physical property was to be determined by showing the cost of reproduction, less depreciation. The principle…
2Cases cited1 opinion
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