Reynoldsville Boro. v. Reynoldsville Water Co.
Supreme Court of Pennsylvania
Appeal, No. 115, Oct. T., 1914, by, respondents, from decree of C. P. Jefferson Co., Nov. T., 1913, No. 92, awarding mandamus in case of The Burgess and Town Council of the Borough of Reynolds-ville v. The Reynoldsville Water Company, George Mel-linger, President, and M. M. Davis, Secretary, of said company. Petition for mandamus. Before Reed, P. J. The opinion of the Supreme Court states the facts. The ease was tried without a jury by agreement of counsel.
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Appeal, No. 115, Oct. T., 1914, by, respondents, from decree of C. P. Jefferson Co., Nov. T., 1913, No. 92, awarding mandamus in case of The Burgess and Town Council of the Borough of Reynolds-ville v. The Reynoldsville Water Company, George Mel-linger, President, and M. M. Davis, Secretary, of said company. Petition for mandamus. Before Reed, P. J. The opinion of the Supreme Court states the facts. The ease was tried without a jury by agreement of counsel. The court awarded a writ of peremptory mandamus. Respondents appealed. Errors assigned were in dismissing exceptions to various findings…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The appellant is a public service corporation, incorporated and organized in 1888 under the provisions of the Act of April 29, 1874, P. L. 73, for the purpose of supplying the Borough of Reynoldsville and its inhabitants with water. The company having exercised the privilege conferred by its charter for more than twenty years, the Borough of Reynoldsville by resolution of the proper authorities passed May 6, 1913, signified a desire to become the owner of the water works erected and operated by the water company, in accordance with the provisions of the 7th…
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