Hyndman Water Co. v. Borough of Hyndman

Citations

• 7 Pa. Super. 191
• 1898 Pa. Super. LEXIS 267

Syllabus

<p>Contract — Severable contract to furnish water.</p> <p>A contract to furnish an ample supply of water to a municipality for ten years for twenty-five fire hydrants at the annual rental of $600, payable $300 semiannually, is a severable one and the borough is liable for the actual service rendered in good faith under such contract.</p> <p>Evidence — Insufficiency of water supply — Use by other customers.</p> <p>Suit being brought against a borough on a contract to pay rental for fire hydrants pending an ample supply of water furnished by the water company, and the defense resting on the, fact that a sufficient supply had not been furnished, evidence was properly rejected which tended to show that by reason of the consumption of water by a railroad, a tannery and a factory, the supply of water was diminished and the borough protection impaired, it appearing that it was the right and duty'of the water company to supply water to residents of the borough contracting therefor.</p> <p>Practice, C. P. — ■Discretion of court as to orderly production of evidence.</p> <p>A trial court is vested with discretion as to the order of proof and the conduct of the case and this discretion will not be interfered with where offers are rejected to prove matters in surrebuttal which, if admissible at all, were not admissible at that time.</p>