New Brighton Borough v. New Brighton Water Co.

Citations

• 247 Pa. 232
• 93 A. 327
• 1915 Pa. LEXIS 814

Syllabus

<p>Municipalities- — Water companies — Acquisition of plant under Act of April 29, 187k, P• L. 78 — Mandamus to secure information as to value — Detailed information — Public Service Company Law of July 26, 1918, P. L. 187k-</p> <p>1. The first step in the acquisition of a plant of a water company by a borough under the Act of April 29, 1874, P. L. 73, is to make an investigation of the books, records and plant of the company tq ascertain the cost of the plant and the consideration which the municipality would be required to pay; and where access to the records is denied by the corporation, mandamus is the proper remedy. The company cannot be required to furnish detailed information at its own expense.</p> <p>2. In such case the owner of the water works is the proper party defendant, and the lessee of such works, even though it operates the same is improperly joined, where it appears from, the terms of the lease that the lessor and lessee had not merg’ed, and that the former maintained its corporate existence, a certain supervision over the business of the company, and shared in the net receipts, and that the lessee was required to account to the lessor company ; the awarding of a peremptory mandamus against the owner and lessee in such case is ¡a fatal error, and on appeal judgment must be entered generally for the defendants, as there can be no amendment of a peremptory writ.</p> <p>Mandamus — Mandamus Act of June 8,1898, P. L. 8Jf5 — Practice —Procedure—Judgment—Misjoinder of parties.</p> <p>' 3. Though the practice in mandamus is regulated by statute, yet it is a common law writ, and the rule prevails that there can be but one final judgment. Where a party is improperly joined and a judgment for a peremptory mandamus goes against the defendants generally, which is good as to the others, but erroneously entered against him, the proceedings fail.</p> <p>Public Service Company Act of July 26,1913, P. L. 1871¡. — Water companies.</p> <p>4. Proceedings for the acquis