Legal Opinion

New Cumberland Borough v. Riverton Consolidated Water Co.

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 233PublishedCited by 3 opinions

Appeal, No. 233, Jan. T., 1910, by plaintiff, from decree of C. P. Cumberland Co., in equity, June T., 1909, No. 5, sustaining demurrer in case of Borough of New Cumberland v. The Riverton Consolidated Water Company and Mountain Water Company.

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Appeal, No. 233, Jan. T., 1910, by plaintiff, from decree of C. P. Cumberland Co., in equity, June T., 1909, No. 5, sustaining demurrer in case of Borough of New Cumberland v. The Riverton Consolidated Water Company and Mountain Water Company. Bill in equity to compel the defendant company to sell its plant to the plaintiff borough and to render to it 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, accounts, etc., as might be necessary to verify the statement so made. Before…

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

The court below dismissed the bill upon the ground that the provision of the ordinance of councils, "That the said borough of New Cumberland shall have the option before all other persons or corporations to purchase the complete and entire plant of the said H. M. Horner at the end of ten (10) years as provided for by the existing laws of the State of Pennsylvania, and if no purchase is made by the borough at the end of ten years, then this ordinance is to remain in full force until waterworks are purchased by said borough,” did not serve to reduce the time…

2Cited by3 opinions

  1. Chisholm v. ThompsonSupreme Court of Pennsylvania · 1911
  2. Southeastern Pennsylvania Transportation Authority v. Philadelphia Transportation Co., Pennsylvania Court of Common Pleas, Philadelphia County1965
  3. Nissley v. DraceSupreme Court of Pennsylvania · 1913

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