Blandburg Water Company's Condemnation
Supreme Court of Pennsylvania
Blandburg Water Company's Condemnation, 233 Pa. 230 (Pa. 1911)
82 A. 77; 1911 Pa. LEXIS 488
Brown, Elkin, Fell, Mestrezat, Moschzisker, Potter, Stewart
Blandburg Water Company's Condemnation
Opinion of the Court
This appeal is from an order approving a bond filed in proceedings for the appropriation of the water of a stream that supplied a reservoir owned by the appellant. The dispute relates to the sufficiency of the bond. The order is interlocutory in its nature and from it no appeal is given by statute: Twelfth St. Market Co. v. Railroad Co., 142 Pa. 580; Pittsburg, Carnegie & Western R. R. Co. v. Gamble, 204 Pa. 198. If we regard the appeal in the light of a certiorari, there is nothing in the record which shows a failure of the court to exercise proper legal discretion in fixing the amount of the bond.
The order is affirmed at the cost of the appellant.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Appeals — Interlocutory order — Condemnation of water — Approval of bond — Water companies — Discretion. An order approving a bond filed in proceedings by a water company for the appropriation of the water of a stream is interlocutory in its nature, and from it no appeal is given by statute. If such an appeal be regarded in the light of a certiorari, and there is nothing in the record to show an abuse of discretion by the court below, it will be dismissed by the' appellate court.