Waynesboro Water Co. v. Public Service Commission
Superior Court of Pennsylvania
Appeal, No. 120, Oct. T., 1921, from report and order of tbe Public Service Commission of the Commonwealth of Pennsylvania In re Application of the Burgess and Town Council of the Borough of Waynesboro, Pennsylvania, for a Certificate of Public Convenience evidencing the Commission’s approval of the acquisition of the plant of the Waynesboro Water Company, and of the beginning of the exercise of the right to operate said plant by supplying water to the public in the Borough…
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Appeal, No. 120, Oct. T., 1921, from report and order of tbe Public Service Commission of the Commonwealth of Pennsylvania In re Application of the Burgess and Town Council of the Borough of Waynesboro, Pennsylvania, for a Certificate of Public Convenience evidencing the Commission’s approval of the acquisition of the plant of the Waynesboro Water Company, and of the beginning of the exercise of the right to operate said plant by supplying water to the public in the Borough of Waynesboro, Franklin County, Pennsylvania, and territory adjacent thereto, Application Docket No. 2492, 1919.…
1Opinion of the Court
Opinion by
Linn, J.,
The principal question for decision is whether a borough, desiring to acquire the plant of a water company, incorporated in 1882, under the general incorporation Act of April 29, 1874, P. L. 73, must first apply to the Public Service Commission for a certificate of public convenience, pursuant to article III, section 3 (d) of the Public Service Company Law, or whether, before applying to the commission, the borough must use the procedure by mai. damus which was available to ascertain the probable price payable for such water works prior to the effective date of the Public…
2Cases cited4 opinions
- White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
- New Brighton Borough v. New Brighton Water Co.Supreme Court of Pennsylvania · 1915
- Williamsport v. Citizens' Water & Gas Co.Supreme Court of Pennsylvania · 1911
- Reynoldsville Boro. v. Reynoldsville Water Co.Supreme Court of Pennsylvania · 1915
3Cited by6 opinions
- Womelsdorf Consolidated Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1946
- Pottstown Boro. v. Pa. P.U.C.Superior Court of Pennsylvania · 1940
- Pottstown Borough v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1941
- Mercer Water Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1946
- United Lighting Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1924
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