Mier v. Citizens Water Co.
Supreme Court of Pennsylvania
Appeal, No. 309, January T., 1914, by defendant, from decree of C. P. Fayette Co., No. 388, in Equity, awarding an injunction in case of Ada E. Mier and Jennie M. Miller v. Citizens Water Company. Bill in equity to restrain appropriation of water of a stream by a water company under its power of eminent domain. Before Van Swearingen, J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 309, January T., 1914, by defendant, from decree of C. P. Fayette Co., No. 388, in Equity, awarding an injunction in case of Ada E. Mier and Jennie M. Miller v. Citizens Water Company. Bill in equity to restrain appropriation of water of a stream by a water company under its power of eminent domain. Before Van Swearingen, J. The facts appear by the opinion of the Supreme Court. Tbe court awarded an injunction restraining the defendant from diverting the water of the stream in question. Defendant appealed. Error assigned, among others, was the decree of the court.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
This proceeding was instituted by riparian owners to restrain the defendant water company from taking, appropriating or diverting the waters of Spruce Creek Run so as to trespass upon or interfere with the rights of complainants. The bill was filed 19th July, 1902, and the defendant answered 25th August, 1902. The case was pending for eleven years before it was called for hearing 5th of August, 1913. The permanent injunction issued 14th of February, 1914, and a few months later the present appeal was taken. Thus it appears that the case slumbered for about twelve…
2Cases cited4 opinions
- Bly v. White Deer Mountain Water Co.Supreme Court of Pennsylvania · 1900
- Boalsburg Water Co. v. State College Water Co.Supreme Court of Pennsylvania · 1913
- Bland v. Tipton Water Co.Supreme Court of Pennsylvania · 1908
- Blauch v. Johnstown Water Co.Supreme Court of Pennsylvania · 1915
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- Gring v. Sinking Spring Water Co.Supreme Court of Pennsylvania · 1921
- Croyle v. Johnstown Water Co.Supreme Court of Pennsylvania · 1918
- Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
- Swartz v. Pittsburgh Public Parking AuthorityCommonwealth Court of Pennsylvania · 1981
- Johnstown Water Co. v. P. S. C.Superior Court of Pennsylvania · 1932
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