Peifly v. Mountain Water Supply Co.

Supreme Court of Pennsylvania March 12, 1906

Peifly v. Mountain Water Supply Co., 214 Pa. 340 (Pa. 1906)

63 A. 751; 1906 Pa. LEXIS 659

Bbown, Elkin, Fell, Mestbezat, Mitchell, Pottee, Reargument

Opinion of the Court

Per Curiam,

The Mountain Water Supply Company being chartered under clause 18 of the second class in section 2 of the Act of April 29, 1874, P. L. 73, is presumably a corporation for private uses which cannot constitutionally be invested with the right of eminent domain. The appellant, therefore, is entitled to protection from interference with his property by the maintenance of the status quo until the facts and the rights of the parties are shown upon full hearing.

The decree is therefore reversed and an injunction directed to be awarded as prayed.

Reference

Full Case Name: Peifly v. Mountain Water Supply Company
Cited By: 3 cases
Status: Published
Syllabus: Corporations — Water companies — Eminent domain — Preliminary injunction — Equity. A water company chartered under clause 18 of the second class in section 2, of the Act of April 29, 1874, P. L. 73, is presumably a corporation for private uses which cannot constitutionally be invested with the right of eminent domain. If such a company attempts to condemn land, it will be restrained by preliminary injunction until the facts and rights of the parties are shown upon full hearing.