Brumbaugh v. Raystown Water Power Co.

Citations

• 254 Pa. 215
• 98 A. 1032
• 1916 Pa. LEXIS 709

Syllabus

<p>Water companies — Dams—Eminent domain — Generation of electricity — Use of current.</p> <p>1. Under the Acts of May 16, 1889, P. L. 226, and July 2, 1895, P. L. 425, relating to the organization and powers of water companies, a water company organized under the provisions of the Act of 1889, has authority to erect a dam for the purpose of generating electric power.</p> <p>2. The Act of April 18, 1905, P. L. 152, providing that no water company thereafter incorporated should exercise the right of eminent domain as respects the appropriation of streams, rivers or waters, nor the land covered thereby, does not forbid a water company from taking for the purposes of its reservoir land situated outside the limits of a stream.</p> <p>8. In a suit in equity to restrain a water company from maintaining a dam in such a way that the waters of a stream were backed up on plaintiff’s land, it appeared that the dam was constructed for use in generating electric power, that plaintiff’s property was outside the bed of the stream, and that the water company had begun condemnation proceedings for the appropriation of such property. Held, the lower court did not err in dismissing the bill.</p> <p>4. In such case it was immaterial where the electricity so generated was to be used.</p>