Freeport Water Works Co. v. Prager

Citations

• 129 Pa. 605
• 18 A. 561
• 1889 Pa. LEXIS 1224

Syllabus

<p>1. A legislative grant of exclusive privileges is not favored by tbe law, and must be construed strictly; the exclusive character of the privileges conferred should not be carried by construction beyond the plain language of the grant.</p> <p>2. The exclusive privilege of supplying water to the public within their respective territories, conferred upon water companies by the act of April 29, 1874, P. L. 93, exists only as against other incorporated water companies, not as against municipal corporations or individuals: Le-high Water Co.’s App., 102 Pa. 515.</p> <p>3. An individual, when authorized by the municipal authorities, has the right to lay pipes through the streets of a municipality and supply the inhabitants with water, notwithstanding the incorporation of a company for this purpose under the act of 1874.</p> <p>4. When an individual has lawfully constructed a plant and commenced supplying water to the public, it would require the most unequivocal language to confer upon a water company, afterwards organized, an exclusive right as against him, even if such legislation be constitutional.</p>