Borough of Easton v. Lehigh Water Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Northampton county: Of January Term 1881, Nos. 65, 287. Upon the petition of the corporation of the borough of Easton, and Joseph M. Hackett, president of town council, relator, plaintiff, against the Lehigh Water Company, the court awarded a writ of alternative mandamus, requiring the defendant company to erect a certain number of fire-plugs at specified places in said borough of Easton, for the purpose of furnishing a sufficient…
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Error to the Court of Common Pleas of Northampton county: Of January Term 1881, Nos. 65, 287. Upon the petition of the corporation of the borough of Easton, and Joseph M. Hackett, president of town council, relator, plaintiff, against the Lehigh Water Company, the court awarded a writ of alternative mandamus, requiring the defendant company to erect a certain number of fire-plugs at specified places in said borough of Easton, for the purpose of furnishing a sufficient quantity of water for the extinguishment of fires at the points named. The respondents filed an answer, and, upon issue joined…
1Opinion of the CourtJustice Paxson
This was a mandamus to compel the Lehigh Water Company to erect .a certain number of fire-plugs in the borough of Easton, to *556supply said borough with water for the extinguishment of fires. Each party has taken a writ of error to the judgment of the court below; the water company because the mandamus was too broad; the borough because it was not broad enough.
Without going into unnecessary detail it is manifest the Lehigh Water Company, as the purchaser at a judicial sale of the property and franchises of the West Ward Water Company, became entitled to all the rights and privileges of the…
2Cited by16 opinions
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- Mellinger v. KuhnSupreme Court of Pennsylvania · 1957
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