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· 1/7/1907

Hastings Water Co. v. Hastings Borough

Citations

  • 216 Pa. 178
  • 65 A. 403
  • 1907 Pa. LEXIS 777

Syllabus

<p>Equity — Equity practice — Failure to find facts.</p> <p>In an equity suit the judge should find and state in connected and para-graphic form his findings of fact and conclusions of law. Failure to do so is a plain disregard of Equity Rule 62.</p> <p>Corporations — Water companies — Boroughs—Exclusive right in streets.</p> <p>A water company incorporated since the passage of the Act of June 2, 1887, P. L. 31Ó, is not possessed of any exclusive privilege in the use of the streets of a municipality in the absence of an agreement between the company and the municipality to that effect. The mere grant by the municipality to the company of the right to enter upon streets and lay pipes cannot be construed into an agreement to give the company an exclusive right to the streets, so as to prevent the municipality from subsequently installing a water system of its own.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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