Jolly v. Monaca Borough

Citations

• 216 Pa. 345
• 65 A. 809
• 1907 Pa. LEXIS 817

Syllabus

<p>Municipalities — Boroughs—Water supply — Water rates.</p> <p>A municipal corporation in supplying water, or any other commodity, to its inhabitants individually, acts in a private, and not in a public capacity, and the relation established with the individuals with whom it deals is purely one of contract.</p> <p>A borough which has established waterworks of its own has a right to impose by ordinance reasonable rates and charges for the supply of water furnished by it to the residents of the borough.</p> <p>Water rates paid by consumers are in no sense taxes, but are nothing more than the price paid for water as a commodity. The obligation to pay for the use of water rests either on express or implied contract on the part of the consumer to make compensation for water which he has applied for and received, on the terms and conditions made public.</p>