Scranton Gas & Water Co. v. Lackawanna Iron & Coal Co.
Supreme Court of Pennsylvania
Appeal, No. 172, Jan. T., 1895, by defendant, from judgment of C. P. Lackawanna Co., May T., 1894, No. 786, on verdict for plaintiff. Assumpsit to recover for water alleged to have been surreptitiously and fraudulently abstracted from plaintiff’s pipes, and used by defendant, from March, 1881, to January 1, 1891. Before Gunster, J. At the trial it appeared that plaintiff supplied the city of Scranton with pure water from reservoirs along the upper stretches of Roaring brook.
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Appeal, No. 172, Jan. T., 1895, by defendant, from judgment of C. P. Lackawanna Co., May T., 1894, No. 786, on verdict for plaintiff. Assumpsit to recover for water alleged to have been surreptitiously and fraudulently abstracted from plaintiff’s pipes, and used by defendant, from March, 1881, to January 1, 1891. Before Gunster, J. At the trial it appeared that plaintiff supplied the city of Scranton with pure water from reservoirs along the upper stretches of Roaring brook. The water of tbe Lackawanna river and Roaring brook near the city of Scranton is contaminated by acids from coal mines.…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
Two important questions are presented on this record. The first of these relates to the construction of the contracts between the parties for the supply of water to the defendants. A contract was made in 1874 and largely modified by a supplemental agreement made in 1881, which provided that the gas and water company should furnish the defendants with pure water for the “generation of steam, for fire hydrants and hydraulics, and for stores and dwellings ” belonging to the Iron and Coal Company, for the price of ten thousand dollars per annum payable in monthly…
2Cases cited5 opinions
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Campbell's Administrator v. BoggsSupreme Court of Pennsylvania · 1855
- Sankey v. McEleveySupreme Court of Pennsylvania · 1883
- Hollinshead's AppealSupreme Court of Pennsylvania · 1883
- Downey v. GarardSupreme Court of Pennsylvania · 1854
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- Smith v. BlachleySupreme Court of Pennsylvania · 1901
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