Monessen Borough v. Monessen Water Co.

Citations

• 243 Pa. 53
• 89 A. 829
• 1914 Pa. LEXIS 575

Syllabus

<p>Equity — Equity pleading — Parties—Necessary parties.</p> <p>1. A bill in equity seeking to enjoin the sale of the property of a water company to another corporation is defective for want of a necessaiy party, where it appears that such other corporation had an equitable interest in the property of the water company before the filing of the bill, but was not made a party thereto.</p> <p>Corporations — Water companies — Boroughs—Bight to purchase plant of water company — Sale of property by wafer company— Equity — Injunction—Act of April 29, 1874, Sec. 84, Clause 7, P. L. 78.</p> <p>2. A borough ordinance under which a water company obtains its franchises, and which provides the terms and conditions upon which the water company rqay enter the borough, is a contract, but in so far as such ordinance undertakes to reserve to the borough the privilege of purchasing the property and plant of the water company at the expiration of twenty years, it simply recognizes the statutory powers conferred by the Act of April 29, 1874, Section 34, Clause 7, P. L. 73, and gives the borough no greater rights and privileges than it had under the statute.</p> <p>3. -Where the privilege of purchasing the plant of a water company at the end of twenty years from the grant of its franchise is reserved to a borough, the water company is not required during that entire period to keep the identical machinery and equipment with which the plant was first installed. It is for the) water company to determine what equipment is necessary to furfnish a proper supply , of water, and its internal management caifmot be inquired into by the courts, unless there is a failure to jfurnish a sufficient Supply of pure water to the public or a neglecjt to perform its statutory duties or contractual obligations.</p> <p>V 4, A borough having the right to purchase the property of a water company at the expiration of twenty years from the grant of its franchise sought by bill in equity to enjoin the proposed sal