Keller v. Riverton Consolidated Water Co.

Citations

• 34 Pa. Super. 301
• 1907 Pa. Super. LEXIS 130

Syllabus

<p>Corporations — Merger—Recording certificate of charter — Office of recorder of deeds.</p> <p>Where several corporations which have been regularly organized under the general corporation Act of April 29, 1874, P. L. 73, and have recorded their respective certificates of charter in the office of the recorder of deeds, have been merged and consolidated under the Act of May 29, 1901, P. L. 349, the certificate of merger of the new company need not be recorded in the office of the recorder of deeds.</p> <p>Corporations — Water companies — Eminent domain — Exhaustion of power.</p> <p>A water company does not exhaust its right to condemn land by a single exercise of the power of eminent domain. It has the right to acquire, by purchase or condemnation, such additional land as it reasonably requires for the extension or enlargement of its plant necessary to enable it to discharge its duty of furnishing the public an adequate supply of water.</p> <p>Where additional land condemned by a water company is adjacent to the company’s existing plant, is marked off by easily visible and well-defined boundaries, and its adaptability for the use intended is obvious, the condemnation is not invalid, because it was not preceded by a preliminary entry and experimental survey, showing topography, grades, and the exact location of each proposed building.</p> <p>Courts — Judges—Prejudice—Previous employment-as counsel.</p> <p>A judge is not disqualified from sitting in a case involving the right of a merged corporation to condemn land, merely because some years previously he had been employed as counsel by one of the constituent corporations in other condemnation proceedings against the plaintiff.</p>