Hey v. Springfield Water Co.
Hey v. Springfield Water Co.
Opinion of the Court
Opinion by
After argument and reargument and somewhat prolonged
Reference
- Full Case Name
- Hey v. Springfield Water Company
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- 10 cases
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- Syllabus
- Corporations—Water companies—Merger and consolidation. Under the Act of April 17, 1876, see. 5, P. L. 30, which amended the Act of April 29, 1874, sec. 23, P. L. 73, water 'companies, whether created before or after the act of 1876, may sell, assign and convey their franchises and property to other water companies and such property and franchises will upon such sale and assignment become vested in the purchasing company Corporations—Water companies—Eminent domain—Bond—Compensating owner—Equity-—Injunction. A bill in equity to prevent a water company from appropriating the water of a stream without making or securing proper compensation to the riparian owners will be dismissed, where it appears that defendant had not appropriated any water from the stream, that there was no evidence to show that it contemplated the appropriation of water without first making or securing compensation to owners, but that on the contrary a resolution of the directors of the company showed that the company intended to proceed according to law. A contemplated violation of law is never to be inferred without some evidence to sustain the inference.