Jacobs v. Clearview Water Supply Co.

Citations

• 220 Pa. 388
• 69 A. 870
• 1908 Pa. LEXIS 790

Syllabus

<p>Corporations — Water companies — Eminent domain — Acts of April 29, 1874, P. L. 73, and May 16,1889, P. L. 226 — Public use.</p> <p>A water company chartered under the Act of May 16, 1889, P. L. 226, which amended clause 9 of sec. 2, of the general corporation act of April 29, 1874, has the right of eminent domain, inasmuch as the legislature in the act of 1889 clearly intended to confer upon companies incorporated for the supply, storage or transportation of water and water power for commercial and manufacturing purposes, the same rights, privileges and powers as those possessed by companies chartered for the supply of water to the public under clause 9 of the act of 1874.</p> <p>A legislative declaration that the purpose for which a corporation is incorporated is a public use, is not conclusive and final. The question whether the use is or is not public, must be determined by the courts.</p> <p>It is not essential that the whole community or any considerable portion thereof, should directly enjoy or participate in an improvement, to make the use public. If the proposed improvement tends to enlarge the resources, increase the industrial energies, and promote the productive power of any considerable number of the community, the use is public.</p> <p>A water company incorporated under the Act of May 16, 1889, P. L. 226, for the supplying, storage or transportation of water and water power for commercial and manufacturing purposes, is incorporated for a public use, and is invested with the right of eminent domain. The fact that the principal consumer of the water of the company will be a railroad company, and that owing to the nature of the country very few, if any, citizens are engaged in commercial or manufacturing enterprises, is immaterial as to the question of public use.</p> <p>Mestrezat and Stewart, JJ., dissent.</p>