Clear Springs Water Co. v. Catasauqua Borough

Citations

• 231 Pa. 290
• 80 A. 566
• 1911 Pa. LEXIS 832

Syllabus

<p>Corporations — Water companies — Proceedings under Act of May SI, 1907, P. L. 855 — Disclaimer—Estoppel.</p> <p>1. Where a borough institutes proceedings under the Act of May 31, 1907, P. L. 355, to acquire the plant of a water company, and the respondent files a disclaimer consenting that the borough may install a plant with like force and effect as if the proceeding had been prosecuted to completion, and upon this disclaimer the petition of the borough is dismissed, the water company cannot thereafter, and after the borough has spent large sums of money towards the construction of a plant of its own, maintain a bill in equity to prevent the completion of the borough waterworks. In such a case the validity of the estoppel does not depend upon the constitutionality of the Act of May 31, 1907.</p> <p>2. Where a party assumes a position in a legal proceeding and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position, especially if it be to the prejudice of the party who has acquiesced in the position formerly taken by him.</p>