New Castle Water Co. v. Mahoning & Shenango Ry. & Light Co.

Citations

• 243 Pa. 100
• 89 A. 811
• 1914 Pa. LEXIS 582

Syllabus

<p>Contracts — Municipalities— Water companies — Appeals — Assignments of error.</p> <p>1. An assignment of error to a decree of a court of equity will be dismissed where the decree necessarily follows from the legal conclusions of the' chancellor which have not been assigned as error.</p> <p>2. An assignment of error to the admission of evidence supporting a finding of fact will be dismissed where the finding of fact is not assigned as error.</p> <p>3. A municipality made a contract with a water company by which the latter, for a specified annual sum, was to furnish water to the city for sprinkling and washing its streets. The city, not owning a sprinkling car, made arrangements with a street railway company by which the latter was designated and appointed as its agent to receive' water from the water company, and use it in sprinkling the streets during the summer season. The water company filed a bill in equity against the Street railway company to restrain it from taking water and for an accounting. The court dismissed the bill. Held, no error.</p>