Pennsylvania Water Co. v. Pittsburg

Citations

• 226 Pa. 624
• 75 A. 945
• 1910 Pa. LEXIS 830

Syllabus

<p>Corporations — Water companies — Boroughs — Contract — Exclusive privileges — Municipal corporations.</p> <p>A borough ordinance granting without limit as to time permission to a water company to enter the borough and lay its pipes in the streets, when accepted and acted upon by the company, constitutes a contract between the borough and the company to supply water to the public which exhausts the power of the municipality to supply itself with water, and prevents' the borough from erecting its own water works for that purpose so long as the water company continues to furnish a suitable and adequate supply, and this applies whether the company has or has not an exclusive privilege. Such a contract is binding on a city which annexes the borough to itself as a ward, and agrees to recognize all contracts for the supply of water made by the borough.</p> <p>Brown, Mestrezat and Potter, JJ., dissent.</p>