Supreme Court of Pennsylvania, 1911

Commonwealth v. Pennsylvania Railroad

Commonwealth v. Pennsylvania Railroad
Supreme Court of Pennsylvania · Decided May 23, 1911 · Brown, Elkin, Mestrezat, Moschzisker, Potter
232 Pa. 183; 81 A. 196; 1911 Pa. LEXIS 699

Commonwealth v. Pennsylvania Railroad

Opinion of the Court

Per Curiam,

This appeal is utterly without merit. It challenges the corporate power of the appellee to purchase water from a water company in a territory within which it is authorized by its charter to supply water to the public. In that territory the appellee is part of the public: Bland v. Tipton Water Co., 222 Pa. 285; and it must have water if its cars are to run. Apart from its implied power to purchase water from a water company authorized to sell it, express authority to do so is found in the comprehensive words of the second section of the act incorporating it: 1846 P. L. 312. Nothing said in Bland v. Tipton Water Company justified the application for the writ of quo warranto; on the contrary, that case was authority for refusing it, and the learned judge below correctly so held.

Appeal dismissed.

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