Bennett Water Co. v. Millvale Borough

Citations

• 202 Pa. 616
• 51 A. 1098
• 1902 Pa. LEXIS 572

Syllabus

<p>Water companies — Boroughs—Damages—Erection of waterworks by borough.</p> <p>In determining the amount of damages for injuries sustained by a water company through the erection of waterworks by a borough, the jury may take into consideration the gross amount of water rents collected by the borough, less the amount it would cost the water company to put such sum into its treasury.</p> <p>In an action by a water company against a borough to recover damages for injuries sustained through the erection of waterworks by the borough, evidence that the water company had neglected to extend its mains to all parts of the borough territory, is inadmissible, where there is no offer to show that the borough had requested the extension of the water pipes as provided in its contract with the water company.</p> <p>In an action against a borough by a water company to recover damages for injuries sustained through the erection of waterworks by the latter, the borough cannot set up as a defense an alleged impurity of water.</p>