New Cumberland Borough v. Riverton Consolidated Water Co.

Citations

• 232 Pa. 525
• 81 A. 548
• 1911 Pa. LEXIS 756

Syllabus

<p>Equity — Jurisdiction—Municipal corporations — Water company— Contract to sell plant — Adequate remedy at law — Mandamus—Act of June 7, 1907, P. L. 440.</p> <p>1. A court of equity is without jurisdiction in a case where a municipal corporation seeks to compel a water supply company to sell its plant under a special contract and to render a statement of the cost of erecting and maintaining its works.' The appropriate remedy in such a case is at common law by mandamus.</p> <p>2. Such a case is not within the purview of Act of June 7,1907, P. L. 440, where the appeal is by the plaintiff and the contention that “suit should have been brought at law” is not raised and where furthermore the question is not whether the decree shall be reversed or set aside, but simply whether the appeal shall be dismissed. Under these circumstances a dismissal of the bill will -.not be disturbed. Williams-port v. Citizens’ Water & Gas Co., ante, p. 232, distinguished.</p> <p>Municipalities — Boroughs—Ordinance—Option to buy — Construction —Acceptance of ordinance — Charter rights — Act of April 29,1874, P- L-78.</p> <p>3. A borough ordinance, passed for the purpose of giving a franchise to a certain party to enter upon the streets and highways of the borough for the purpose of supplying water to the borough and its inhabitants, provided as follows: “That the said borough of New Cumberland shall have the option before all other persons or corporations to purchase the complete and entire plant of the said H. M. Horner at the end of ten (10) years, as provided for by the existing laws of the state of Pennsylvania, and if no purchase is made by the borough at the end of ten years, then this ordinance is to remain in full force until waterworks are purchased by the said borough.” Held, as the opinion of the Supreme Court although not involved in the decision of the case that the words used mean that the borough shall have the right to acquire the water plant upon the terms provided in the A