Williamsport v. Citizens' Water & Gas Co.
Supreme Court of Pennsylvania
Appeal, No. 317, Jan. T., 1910, by defendant, from decree of C. P. Lycoming Co., March Term, 1908, No. 3, on bill in equity in suit of The City of Williamsport v. The Citizens’ Water & Gas Company.
Read the full summary
Appeal, No. 317, Jan. T., 1910, by defendant, from decree of C. P. Lycoming Co., March Term, 1908, No. 3, on bill in equity in suit of The City of Williamsport v. The Citizens’ Water & Gas Company. Bill in equity to compel the defendant water company to render to the plaintiff city an itemized statement of the net cost of erecting and maintaining its works, together with a detailed statement of dividends declared, and to exhibit such books, papers and vouchers as might be necessary to verify the statements so made. Before Hart, P. J. The bill avers: (1, 2, 3) the incorporation of the borough…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
The controlling question in this case is as to the appropriate remedy, and we have reached the conclusion that it lies not in equity but at law. The right of the plaintiff city and the obligation of the defendant cor*243poration arise under clause 7, sec. 34, of the Act of April 29, 1874, P. L. 73, which provides: “It shall be lawful at any time after twenty years from the introduction of water or gas, as the case may be, into any place as aforesaid, for the town, borough, city or district into which the said company shall be located, to become the owners of said…
2Cases cited23 opinions
- Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
- Cristman v. PeckIllinois Supreme Court · 1878
- Bedford Springs Co. v. McMeenSupreme Court of Pennsylvania · 1894
- Commonwealth ex rel. Sellers v. Phœnix Iron Co.Supreme Court of Pennsylvania · 1884
- Jenkins v. BaxterSupreme Court of Pennsylvania · 1894
18 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Beckert v. WarrenSupreme Court of Pennsylvania · 1981
- New Brighton Borough v. New Brighton Water Co.Supreme Court of Pennsylvania · 1915
- Cella v. DavidsonSupreme Court of Pennsylvania · 1931
- Kane v. MorrisonSupreme Court of Pennsylvania · 1945
- Middletown Township v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1984
20 more not listed; retrieve them via the Exa API.