Legal Opinion

Wagner v. Purity Water Co.

Supreme Court of Pennsylvania

Decided May 28, 1913No. Appeal, No. 319PublishedCited by 12 opinions

Appeal, No. 319, Jan. T., 1912, by defendant, from judgment of the Superior Ct., March T., 1912, No. 32, affirming judgment of C. P. Snyder Co., Dec. T., 1910, No. 13, on verdict for plaintiff in case of Charles A. Wagner v. The Purity Water Company. Appeal from Superior Court. The facts appear in the opinion of the Supreme Court and in 50 Pa.

Read the full summary

Appeal, No. 319, Jan. T., 1912, by defendant, from judgment of the Superior Ct., March T., 1912, No. 32, affirming judgment of C. P. Snyder Co., Dec. T., 1910, No. 13, on verdict for plaintiff in case of Charles A. Wagner v. The Purity Water Company. Appeal from Superior Court. The facts appear in the opinion of the Supreme Court and in 50 Pa. Superior Ct. 500. • Plaintiff recovered a verdict in the lower court for $227.08, upon which judgment was entered, which judgment was affirmed by the Superior Court in an opinion by Henderson, J. Defendant appealed. Error assigned was in affirming the…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

As indicated in several recent, cases brought to our attention, there is a misapprehension as to the rights of water companies incorporated for the purpose of supplying water to the public. The misapprehension is *331that under their charter powers such companies have the right to appropriate and divert the waters of a stream without condemnation under the right of eminent domain. This is clearly an erroneous view of the law. It is true that water companies may acquire riparian rights by purchase, but when they do so they acquire only the rights of riparian owners,…

2Cases cited6 opinions

  1. Lord v. Meadville Water Co.Supreme Court of Pennsylvania · 1890
  2. Lewisburg Bridge Co. v. County of UnionSupreme Court of Pennsylvania · 1911
  3. McFadden v. JohnsonSupreme Court of Pennsylvania · 1873
  4. Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
  5. Good v. Altoona CitySupreme Court of Pennsylvania · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Forster v. Rogers Bros.Supreme Court of Pennsylvania · 1915
  2. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1915
  3. Woodland v. LyonIdaho Supreme Court · 1956
  4. Palmer Water Co. v. Lehighton Water Supply Co.Supreme Court of Pennsylvania · 1924
  5. Rider v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1916

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API