Rieker v. City of Lancaster

Citations

• 7 Pa. Super. 149
• 1898 Pa. Super. LEXIS 258

Syllabus

<p>Water rents — Relation of municipality as vendor of water.</p> <p>AVater vents are not taxes ; the obligation to pay for the use of water is based upon an expressed or implied contract or license; there is no obligation on the consumer’s part to take the water, but if he does take it he thereby obliges himself to pay for it according to the terms and conditions made public, or according to such expressed contract as he may have had. A city may adopt such rules in regard to the use of water or payment therefor, as the municipal authorities shall' deem expedient.</p> <p>Equity — Injunction—Irreparable damage — Finding of court below — Appeals.</p> <p>The court below having found that the price of five cents per one thousand gallons is inherently fair, and that no unjust discrimination exists and there being evidence to sustain this finding, the appellate court will not review such finding and an allegation of irreparable damage has nothing to sustain it and the right to an injunction and decree in equity cannot be said to have been established.</p> <p>Municipal law — Authority and discretion to fix water rents.</p> <p>The city of Lancaster being authorized to sell water to its citizens under legislation and municipal requirements to the effect that rates of prices shall be uniform, and that contracts with citizens for the use of water shall be under-equal and general regulations fitting the occasion, and at rates to be fixed by the water committee of councils, a joint resolution of councils will be binding which fixes the rates for certain classes of consumers at a fixed annual amount, irrespective of quantity consumed and of certain others on a basis of quantity, ascertained by measurement and charged for at a certain price per thousand gallons.</p> <p>Absolute equality among all citizens is not required; a reasonable discretion is lodged in the water committee as to the rental to be paid.</p>