Legal Opinion

Miller v. Windsor Water Co.

Supreme Court of Pennsylvania

Decided April 11, 1892No. Appeal, No. 263PublishedCited by 14 opinions

Appeal, No. 263, Jan. T., 1892, by defendant, from judgment of C. P. Berks Co., May T., 1890, No. 95, on verdict for plaintiff, George S. Miller.

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Appeal, No. 263, Jan. T., 1892, by defendant, from judgment of C. P. Berks Co., May T., 1890, No. 95, on verdict for plaintiff, George S. Miller. Issue formed on appeal from viewers assessing damages for the taking of property by defendant, a water company, under the act of April 29, 1874. At the trial before Ermentrout, P. J., the plaintiff, George S. Miller, being under cross-examination, was asked: “ Mr. Rourke: Q. State whether or not you were assessor of Windsor township in 1882 ? A. I was an assessor, but I do not just remember the time. “ Q. State whether or not, at the time you were…

1Opinion of the Court

Opinion by

Mr. Justice Sterrett,

' This proceeding, in the court below, was for the purpose of determining the compensation to which plaintiff is justly entitled for property taken, injured or destroyed by the company defendant in the exercise of the powers conferred by its charter.

As declared in its bond filed in court, the intention of the company was “ to permanently appropriate to its use the waters of a stream, creek or rivulet, .... which it has selected for the purpose of introducing into the borough of Hamburg a supply of water, as well as to appropriate property upon which to erect a…

2Cited by14 opinions

  1. Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
  2. Berger v. Public Parking Authority of PittsburghSupreme Court of Pennsylvania · 1954
  3. Girard Trust Co. v. PhiladelphiaSupreme Court of Pennsylvania · 1915
  4. Hencken v. Bethlehem Municipal Water AuthoritySupreme Court of Pennsylvania · 1950
  5. City of Syracuse v. StaceyAppellate Division of the Supreme Court of the State of New York · 1899

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