Gas & Water Co. v. Corporation of Borough of Downingtown
Supreme Court of Pennsylvania
Appeal, No. 26, Jan. T., 1896, by plaintiff, from decree of G. P. Chester Co., in equity, refusing an injunction. Bill in equity to restrain the construction of public water Avorks in the borough of DoAvningtoAvn. A demurrer was filed to the bill for the reason that the exclusive authority claimed by the complainant was not exclusive as against the borough. The facts alleged in the bill sufficiently appear from the opinion of the Supreme Court.
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Appeal, No. 26, Jan. T., 1896, by plaintiff, from decree of G. P. Chester Co., in equity, refusing an injunction. Bill in equity to restrain the construction of public water Avorks in the borough of DoAvningtoAvn. A demurrer was filed to the bill for the reason that the exclusive authority claimed by the complainant was not exclusive as against the borough. The facts alleged in the bill sufficiently appear from the opinion of the Supreme Court. The court in an opinion by Waddell, P. J., Hemphill, J.,. dissenting, sustained the demurrer and dismissed the bill. Error assigned was decree of the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The bill in this case was filed in the common pleas by the Gas’& Water Company of Downingtown to restrain the burgess and council of the borough of Downingtown from constructing works to provide the borough with water. A demurrer to the bill, which raised the single question whether the authority conferred upon the water company by the act incorporating it was exclusive as against the borough, was sustained and the bill dismissed.
The borough of Downingtown was incorporated on the 20th of May, 1859, under the general borough law, act of April 3,1851, by which it was…
2Cases cited2 opinions
- Philadelphia v. FoxSupreme Court of Pennsylvania · 1870
- City of Erie v. Erie Canal Co.Supreme Court of Pennsylvania · 1868
3Cited by6 opinions
- Commonwealth v. HiltnerSupreme Court of Pennsylvania · 1932
- Gas & Water Co. v. Borough of DowningtownSupreme Court of Pennsylvania · 1899
- Pittsburg's PetitionSuperior Court of Pennsylvania · 1906
- Webster v. Hopewell BoroughSuperior Court of Pennsylvania · 1902
- East Mauch Chunk Borough's Petition, Pennsylvania Court of Common Pleas, Carbon County1929
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