Spring Brook Water Co. v. Pittston
Spring Brook Water Co. v. Pittston
Opinion of the Court
There is no merit in this appeal, and none of the assignments can he sustained. The city of Pittston continued to use the water of the water company after notice to it by appellee, through bills repeatedly rendered, that the same would no longer be gratuitously furnished. The company had reserved the right to revoke its offer of free water whenever it should see proper to do so, and, having exercised that right, the city was thereafter bound to pay for whatever water was so used: U. S. Water Works Co. v. DuBois Boro., 176 Pa. 439; Borough of Carlisle v. Carlisle Gas & Water Co., 3 Cent. Repr. 584. The learned referee has found what the water so used was worth, and what the city should pay for it. The exceptions to his report were all properly dismissed, and the judgment is affirmed.
Reference
- Full Case Name
- Spring Brook Water Company v. Pittston
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Water companies — Municipalities—Revocation of offer to furnish, gratuitous. Where a water company in an agreement with a municipality reserves a right to revoke an offer to furnish water gratuitously to the city, and subsequently exercises such right, and the city thereafter continues to use water with notice that it will be expected to pay rental therefor, the city will be liable for the water which it has used.