Jacobs v. Clearview Water Supply Co.
Supreme Court of Pennsylvania
Appeal, No. 78, Jan. T., 1907, by-plaintiff, from decree of O. P. Juniata Co., Sept. T., 1906, Eo. 3, dismissing bill in equity in case of Joseph Jacobs v. Clearview Water Supply Company. Bill in equity for an injunction to restrain the defendant from locating, building and laying a water-pipe line upon the land of the plaintiff, and for taking the waters of Licking Creek.
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Appeal, No. 78, Jan. T., 1907, by-plaintiff, from decree of O. P. Juniata Co., Sept. T., 1906, Eo. 3, dismissing bill in equity in case of Joseph Jacobs v. Clearview Water Supply Company. Bill in equity for an injunction to restrain the defendant from locating, building and laying a water-pipe line upon the land of the plaintiff, and for taking the waters of Licking Creek. The court found the following to be the facts : 1. Plaintiff is the owner in fee of a tract of land containing 110 acres, situate in Milford township, Juniata county, Pa., the southern line of which said lands is along and…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The defendant company was chartered under clause 9, section 2 of the general corporation act of 1874, as amended by the supplemental act of 1889. Clause 9 of the original act provided only for the incorporation of companies for “ the supply of water to the public.” Water companies created under clause 9 for the supply' of water to the public for domestic purposes are invested with the right of eminent domain. This is not denied in the present proceeding, and could not be for it is so provided in the statutes and has been so decided by the courts. We start with this…
2Cases cited4 opinions
- Dietrich v. MurdockSupreme Court of Missouri · 1868
- Mayor of Pittsburgh v. ScottSupreme Court of Pennsylvania · 1845
- Deemer v. Bells Run RailroadSupreme Court of Pennsylvania · 1905
- Peifly v. Mountain Water Supply Co.Supreme Court of Pennsylvania · 1906
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- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928
- Dayton Metropolitan Housing Authority v. EvattOhio Supreme Court · 1944
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