American Conduit Manufacturing Co. v. Kensington Water Co.

Citations

• 234 Pa. 208
• 83 A. 70
• 1912 Pa. LEXIS 634

Syllabus

<p>Equity — Water companies — Customer's right to service — Cross-bills — Misappropriation of water — Decree.</p> <p>On a bill in equity filed by a customer against a water company to enjoin the shutting off of water, where the defendant company files' a cross-bill for an accounting for water alleged to have been stolen by the plaintiff from the defendant company by means of a meter device, and the chancellor finds .the wrongdoing as a fact, and further finds from the evidence introduced by the defendant that it was not unreasonable to believe that an average of 9,000 gallons a day for twenty-six days each month during a certain period had been misappropriated by means of the device, a decree holding that the plaintiff should pay the defendant for this amount of water during the period in question at the market value of water during that time, and enjoining the defendant company from shutting off the water supply of plaintiff providing the plaintiff should comply with the rules of the water company and pay the amount found to be due will be sustained on appeal.</p>