City of New Castle v. New Castle Water Co.

Citations

• 250 Pa. 341
• 95 A. 534
• 1915 Pa. LEXIS 947

Syllabus

<p>Equity — Equity jurisdiction — Water companies — Duty to furnish pure water — Water rents — Restraint of collection.</p> <p>1. Where a Water company has been incorporated under the Act of April 29, 1874, P. L. 73, its duty is at all times to furnish pure water within the district covered by its charter and jurisdiction in equity is conferred upon the Courts of Common Pleas to enforce performance of this duly at the complaint of any citizen.</p> <p>2. It is inequitable that a corporation chartered and bound to furnish pure water to the public should be allowed to collect the price of a supply of good water from those to whom it delivers an article that cannot be used, and where for a period of time water unfit for consumption was furnished equity will restrain the collection of water rates or the enforcement of penalties for thiá period, notwithstanding the defects in the water supply may have been corrected prior to final decree.</p> <p>Mr. Justice Elkin dissents.</p>