Legal Opinion

Lehigh Water Company's Appeal

Supreme Court of Pennsylvania

Decided April 9, 1883PublishedCited by 13 opinions

Appeal from the Court of Common Pleas of Northampton ■comity: In Equity : Of January Term 1883, No. 63. Bill in equity, filed May 23d 1882, by the Lehigh Water Company against the Corporation of the borough of Easton, and the Board of Water Commissioners of the borough of East-on, praying for an injunction preliminary until hearing, and after final hearing perpetual, to restrain the corporation of the borough of Easton and the Town Council of said borough from constructing…

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Appeal from the Court of Common Pleas of Northampton ■comity: In Equity : Of January Term 1883, No. 63. Bill in equity, filed May 23d 1882, by the Lehigh Water Company against the Corporation of the borough of Easton, and the Board of Water Commissioners of the borough of East-on, praying for an injunction preliminary until hearing, and after final hearing perpetual, to restrain the corporation of the borough of Easton and the Town Council of said borough from constructing or providing public water works, or from appropriating any money for the construction of said ° water-works, and the said…

1Opinion of the CourtJustice Paxson

This was an appeal from the refusal of the corirt below to grant a special injunction. With a view to obtain a decision of this court upon the whole case, an agreement was filed at bar giving to the decision below the effect of a final decree. We will therefore treat it as a decree entered upon a general demurrer to the bill. This admits all the facts sufficiently averred by the plaintiffs, which places them in as favorable a position as they could desire;

The plaintiffs seek to restrain the borough of Easton (defendants) from erecting water-works for the purpose of supplying said borough with…

2Cases cited1 opinion

  1. Proprietors of the Charles River Bridge v. Proprietors of the Warren BridgeSupreme Court of the United States · 1837

3Cited by13 opinions

  1. Omaha Water Co. v. City of OmahaCourt of Appeals for the Eighth Circuit · 1906
  2. White v. City of MeadvilleSupreme Court of Pennsylvania · 1896
  3. Millvale BoroughSupreme Court of Pennsylvania · 1894
  4. Commonwealth v. Fitler, Pennsylvania Court of Common Pleas, Philadelphia County1890
  5. Du Bois Borough v. Du Bois City Water Works Co.Supreme Court of Pennsylvania · 1896

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