Brace v. Pennsylvania Water Co.

Citations

• 24 Pa. Super. 249
• 1904 Pa. Super. LEXIS 164

Syllabus

<p>Water companies — Corporations—-Breaking down of plank — Jurisdiction of equity — -Remedy at law — Act of June 2, 1887, P. L. 310.</p> <p>A court of equity has no jurisdiction under the Act of June 2, 1887, P. L. 310, to assess damages against a water company for loss sustained by a customer of the company caused by lack of water, during a breakdown of the water company’s pump, where it appears that the company had provided a proper and sufficient plant, that the breakdown was accidental, that everything was done that could be reasonably expected to repair the bréaleage to get the plant-into working order again, and that the bill was not filed until a week after the damage had been repaired, and when'the company was supplying water in full quantity. In such a case a decree for damages cannot be assessed against the water company, because of the company’s failure during the breakdown to connect its-lines with those of a neighboring city. ,, -</p> <p>-The equity jurisdiction conferred upon the court of common pleas by the Act of June 2, 1887, sec.'3, P.L. 310, was for the protection of the public’s interests, and to insure the performance óf a public duty. It was not intended to abrogate the jurisdiction of the law courts to adjudicate questions of damage growing out’ of contracts between the water companies and private individuals. ... , ■</p>