Kohler v. Reitz

Citations

• 46 Pa. Super. 350
• 1911 Pa. Super. LEXIS 277

Syllabus

<p>Municipalities — Water supply — Regulation—Stopping supply — Acts of May 33,1889, P. L. 377, and June 4,1901, P. L. 364-</p> <p>1. The supplying of water and gas by a city is not a municipal duty, and if it assumes the performance of that function it acts under authority merely, as a business corporation and not under municipal obligation. The municipality may, however, by ordinance make reasonable rules and regulations to insure the payment of bills, among others, that of stopping the supply unless all arrearages are paid, whether owing by the tenant in possession or his predecessors.</p> <p>2. Where a person purchases a property in a city of the third class, at a sheriff’s sale, and pays for the same a sum exceeding the aggregate amount of the liens and claims which the city holds against the property, and a claim for water rent which had accrued under a previous ownership, is not paid out of the proceeds, and the purchaser refuses to pay the same, the city may compel payment by cutting off the supply of water from the premises in accordance with an existing regulation established by ordinance.</p> <p>3. The Act of June 4, 1901, P. L. 364, relating to the municipal liens upon real estate does not take from a municipality the remedy of cutting off water supply from property in order to enforce the payment of water rent.</p>