Hanna v. Lykens Water Co.

Citations

• 278 Pa. 262
• 122 A. 298
• 1923 Pa. LEXIS 509

Syllabus

<p>Corporations — Water compames — Extension to adjacent territory — Eminent domain — Acts of June 19, 1871, P. L. 1860, and May 21, 1901, P. L. 270 — Equity.</p> <p>1. Where a water company appropriates water for its general purposes, and the furnishing of water to those outside its limits is merely an incident, a landowner cannot, by a bill in equity under the Act of June 19, 1871, P. L. 1360, restrain a proposed taking. The Commonwealth alone may interfere.</p> <p>2. A water company which has the right under the Act of May 21, 1901, P. L. 270, to extend its service into territory adjacent to that covered by its charter, may exercise the right of eminent domain for the purpose of supplying such additional territory, and this is the ease although the right of eminent domain is not expressly given by the act, as the original grant of power followed.</p> <p>3. In such case, the fact that a coal mining company will receive the most advantage for an additional supply of water, is immaterial as affecting the right to condemn.</p>