Turtle Creek Borough v. Penna. Water Co.

Citations

• 243 Pa. 415
• 90 A. 199
• 1914 Pa. LEXIS 638

Syllabus

<p>Corporations — Water companies — Contracts with boroughs — Water rates — Reasonable rates — Equity—Act . of April 29, 1874, P. L. 78, Sec. 84-</p> <p>1. A borough ordinance granting a franchise to a water company and providing that “the rates charged by said company for water furnished for domestic purposes by contract or by meter measurement shall not exceed the rates now charged by the City of Pittsburgh,” but containing no definite schedule of rates and not limited as to time, is revocable on notice, under changed conditions.</p> <p>2. Where in a suit in equity under the Act of April 29, 1874, P. L. 73, Section 34, to enjoin defendant water company from shutting off a supply of water to consumers and from charging increased rates alleged to be unreasonable, it appeared that plaintiff borough had granted franchises to defendant water company by ordinance providing that the rates should not exceed the rates then charged for said service by the City of'Pittsburgh, the plaintiff could not be heard to say after the court below had fixed rates Which it deemed reasonable under the evidence that the court had no power to fix the rate because the question of rates was finally settled by the ordinances which constituted valid contracts binding upon the defendant and upon the courts.</p> <p>3. Where in such proceeding it appeared that there were no provisions in the ordinance of the City of Pittsburgh as to meter rates to be charged for domestic consumption so that it could not be said that the borough ordinances fixed any definite rates for water consumed through meters, the question of the reasonableness of meter rates was left open by the borough ordinance, and the court below had the power to hear the parties and determine under the evidence what was a reasonable charge for water so furnished.</p> <p>4. Whether a contract between a borough and a water company could be enforced if its provisions would oust the courts of their jurisdiction to determine the reasonablene