Ephrata Water Co. v. Ephrata Borough
Superior Court of Pennsylvania
Appeal, No. 12, Oet. T., 1903, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of Ephrata Water Company v. Ephrata Borough. Assumpsit for water rent. Before Landis, J. At the trial defendant offered in evidence the minutes of the Ephrata borough council, dated March 5, 1894, including the proposition of the Cocalico Water Company.
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Appeal, No. 12, Oet. T., 1903, by plaintiff, from judgment of C. P. Lancaster Co., Sept. T., 1895, No. 4, on verdict for defendant in case of Ephrata Water Company v. Ephrata Borough. Assumpsit for water rent. Before Landis, J. At the trial defendant offered in evidence the minutes of the Ephrata borough council, dated March 5, 1894, including the proposition of the Cocalico Water Company. Objected to by the plaintiff for the reason that neither proposition having been accepted by the borough, neither of them is, therefore, evidence; and for the additional reason that the ordinance upon which…
1Opinion of the Court
Opinion by
Beaver, J.,
This case has been twice previously considered by this court, 16 Pa. Superior Ct. 484, and 20 Pa. Superior Ct. 149. When it was last here complaint was made of the attitude assumed by the court below towards a proposition made by the plaintiff to the defendant for a lowering of the rates provided for in its original contract. As was said by the court below in that trial: This proposition was embodied into an ordinance and was passed by the borough council. It failed, however, to be carried out, by reason of the veto of the burgess and the inability of councils to pass the…
2Cases cited2 opinions
- Ephrata Water Co. v. Ephrata BoroughSuperior Court of Pennsylvania · 1901
- Ephrata Water Co. v. BoroughSuperior Court of Pennsylvania · 1902
3Cited by1 opinion
- Tiffany's EstatePennsylvania Orphans' Court, Susquehanna County · 1924