Olyphant Sewage-Drainage Co. v. Borough of Olyphant
Supreme Court of Pennsylvania
Appeal, No. 27, Jan. T., 1900, by defendants, from decree of C. P. Lackawanna Co., May T., 1899, No. 5, granting an injunction in the case of Olyphant Sewage-Drainage Company v. Borough of Olyphant and P. J. McNulty, Burgess. Bill in equity for an injunction.
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Appeal, No. 27, Jan. T., 1900, by defendants, from decree of C. P. Lackawanna Co., May T., 1899, No. 5, granting an injunction in the case of Olyphant Sewage-Drainage Company v. Borough of Olyphant and P. J. McNulty, Burgess. Bill in equity for an injunction. The facts appear by the opinion of Edwards, J., which was as follows: EACTS. 1. The plaintiff is a corporation organized under the Act of June 10, 1893, P. L. 435. The date of its incorporation is February 27, 1894, and the purpose expressed in its charter is the “ construction and maintenance of sewers, culvert, etc., in the borough of…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Tested by the settled rule of our eases the conclusion reached by the learned judge of the common pleas is right for the reasons stated by him. We have uniformly held that the validity of a charter for a public purpose cannot be determined in a collateral proceeding by a private suitor. It can be done only in a direct proceeding to which the commonwealth is a party. Among the more recent cases on the subject are Hinchman v. Philadelphia and West Chester Turnpike Road Co., 160 Pa. 150, and The Downingtown Gas and Water Co. v. Borough of Downingtown, 193 Pa. 255.…
2Cases cited2 opinions
- Gas & Water Co. v. Borough of DowningtownSupreme Court of Pennsylvania · 1899
- Hinchman v. Phila. & West Chester Turnpike RoadSupreme Court of Pennsylvania · 1894
3Cited by9 opinions
- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Valley Railways v. HarrisburgSupreme Court of Pennsylvania · 1924
- Easton Transit Co.'s PetitionSupreme Court of Pennsylvania · 1921
- Upper Dublin Township Authority v. PiszekSupreme Court of Pennsylvania · 1966
- Commonwealth v. Philadelphia, Harrisburg & Pittsburg RailroadSuperior Court of Pennsylvania · 1903
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