Scranton Gas & Water Co. v. Lackawanna Iron & Coal Co.

Citations

• 167 Pa. 136
• 31 A. 484
• 1895 Pa. LEXIS 869

Syllabus

<p>[Marked to be reported.]</p> <p>Contract — Water company — Construction of contract.</p> <p>Plaintiff, a water company, had means of supplying pure water from a mountain stream, and could also supply water from a river contaminated by acids from mines. Defendant was an iron and coal company. Plaintiff agreed in writing to furnish defendant with pure water for the “generation of steam, for fire hydrants and hydraulics, and for stores and dwellings,” for a certain price per annum. The contract stipulated that the undertaking should not include the furnishing water for tuyeres, boshes or condensers, or for any other purpose than those named in the agreement. Plaintiff further agreed to furnish defendant “ such other water as may be required” by defendant for tuyeres, boshes and condensers, and for all other purposes required by the works, except for waterwheels, from the river. Held, that the right of the defendant to pure water was confined to such a supply as was necessary for the generation of steam, for fire hydrants and hydraulics, and for stores and dwellings; and that the words “ such other water ” had no reference to the “ pure water ” which was to be supplied for these purposes.</p> <p>Statute of limitations — Fraud—Taking of water.</p> <p>Plaintiff, a water company, agreed to supply defendant, a coal and iron company, with “ pure water” for certain purposes, and other water from a river contaminated by acids, for other purposes. Plaintiff put in the pipes and connections by which the pure water was supplied, and under the agreement had access to defendant’s premises for inspection, and also the right to put in water meters. For a period of ten years, defendant used “pure water” for purposes other than those contemplated by the agreement, without the knowledge and consent of plaintiff, but without practicing any deception or fraud to divert the attention of plaintiff. Held, that the statute of limitations barred plaintiff’s right to recover for all water ta