Bland v. Tipton Water Co.

Citations

• 222 Pa. 285
• 71 A. 101
• 1908 Pa. LEXIS 694

Syllabus

<p>Corporations — W ater companies — Franchises—Injunction—Equity-Act of June 19, 1871, P. L. 1360.</p> <p>■ Where a water company has the undoubted right or franchise to supply water to the public within the limits of a designated township, a riparian owner on a stream from which the water company takes some of its supply has no standing to maintain a bill in equity under the Act of June 19, 1871, P. L. 1360, to restrain the water company from delivering water to a railroad company within the limits of the township, although it appears that the railroad company after receiving the water from the pipes of the water company carries the water in its own pipes beyond the limits of the township. If in such a case it appears that the water company is misbehaving itself in the exercise of its franchise, the remedy is a proper proceeding at the instance of the commonwealth.</p> <p>Where a preliminary injunction has been granted against a water company at the instance of a landowner at a time when a condemnation bond has not been approved, such injunction will not be made perpetual where it appears that the company subsequently filed a bond which was approved by the court. In such a cáse the proper penalty for the attempt of the water company to take water before legally authorized to do. so is imposed upon it by directing it to pay the costs in the injunction proceedings.</p> <p>Where a bond to secure a landowner has been filed by a water company, and the bond has been approved by the court, the approval of the bond involves an adjudication that an attempt had been previously made by the company to settle with the landowner.</p>