Youngman v. Water Commissioners

Citations

• 267 Pa. 490
• 110 A. 174
• 1920 Pa. LEXIS 896

Syllabus

<p>Water worlcs — Municipal plant — Bates — Classification — Discrimination — Higher rates for patrons beyond city limits — Charge for service connections — Equity—Pleadings—Bi$—■Averments— Prayers.</p> <p>1. A city owning and operating a water works is not guilty of charging excessive and discriminatory rates merely because it requires water users residing beyond the city limits to pay an advance of twenty-five per cent over the city rates, and, in addition, the actual cost of the extension of the Service into their respective properties, although such latter charge is not made against patrons within the city.</p> <p>2. Proper classification of patrons of a water corporation, municipal or otherwise, is permitted, and the classification here attacked is justifiable.</p> <p>3. To sustain a proceeding in equity, the bill should sufficiently aver the actual infringement of a legal right.</p> <p>4. It seems the bill must aver that the rates are excessive and discriminatory, and the omission of such averments are not supplied by a prayer that the rates be decreed excessive and discriminatory.</p> <p>5. It seems also that the bill should aver that plaintiff had made application to the water commissioners designating the property to which he wished water furnished and that such application had been refused by them.</p>