Reynoldsville Boro. v. Reynoldsville Water Co.

Citations

• 247 Pa. 26
• 92 A. 1082
• 1915 Pa. LEXIS 776

Syllabus

<p>Corporations — Water companies — Water works — Acquisition by municipality — Acts of May 31, 1907, P. L. 355, and April 29,1874, P. L. 73, Sec. 7 — Public Service Company Law of July 26, 1913, P. L. 1374, Art. 3 — Inspection of books — Mandamus.</p> <p>1. The Act of May 31, 1907, P. L. 355, providing a method of determining the price when a municipality is willing to buy the plant of a water company, which the latter is willing to sell, is not inconsistent with section 7 of the Act of April 29, 1874, P. L. 73, providing a procedure by which a municipality may compel a conveyance to itself of a privately owned water plant within its boundaries, and does not expressly or by implication repeal the earlier statute.</p> <p>• . 2. The Act of July 26, 1913, P. L. 1374, Art. 3, requiring the approval of the Public Service Commission to the acquisition by a municipality of the plant of a water company does not effect a change of procedure merely, but qualifies the former rights of municipalities to take over the property of water companies within their limits and is not retroactive, so as to require the approval of the commission of proceedings pending at the date when the act became effective. .,</p> <p>3. A mandamus will issue at the instance of a municipality which has elected to take over the plant of a water company, under the Act of April 29, 1874, P. L. 73, to compel the water company to allow access to its books and papers so' that information as to the value of the plant can be. secured.</p>