Youngman v. Water Commissioners of Erie

• Decision Date: 17 May 1920
• Docket Number: 117
• Citation: 267 Pa. 490,110 A. 174
• Parties: Youngman, Appellant, v. Water Commissioners of Erie
• Court: Pennsylvania Supreme Court

110 A. 174

267 Pa. 490

Youngman, Appellant, v. Water Commissioners of Erie

No. 117

Supreme Court of Pennsylvania

May 17, 1920

Argued April 26, 1920

Appeal, No. 117, Jan. T., 1920, by plaintiff, from decree of C.P. Erie Co., in equity, Feb. T., 1919, No. 5, sustaining demurrer and dismissing plaintiff's bill, in case of S H. Youngman v. Commissioners of Water Works of the City of Erie and the City of Erie. Affirmed.

Bill in equity to restrain respondents from enforcing certain rates and conditions of the water department of the City of Erie on the ground that they were unreasonable and discriminatory. Before WHITTELSEY, J.

The facts appear by the opinion of the Supreme Court.

The court sustained a demurrer and dismissed plaintiff's bill. Plaintiff appealed.

Errors assigned were overruling exceptions to findings of fact and conclusions of law and decree of court, quoting record.

The decree is affirmed at cost of appellant.

Charles P. Hewes, with him M. Levant Davis, for appellant, cited among other cases: Panther Valley Water Co. v. P.S.C., 70 Pa.Super. 8.

J. M. Sherwin, with him W. S. Carroll and M. C. Cornell, for appellee.

Before BROWN, C.J., MOSCHZISKER, FRAZER, WALLING, SIMPSON and KEPHART, JJ.

OPINION

MR. JUSTICE MOSCHZISKER:

S. H. Youngman filed an injunction bill, "on his own behalf and on behalf of any persons or corporations, resident of the Borough of Wesleyville, Erie County, who may see proper to join as party plaintiff," praying that certain water "rates, rules and conditions" be declared "excessive and discriminatory," and that defendants "be required to apply to their business outside the limits of the City of Erie the same rules, rates and conditions they apply and enforce within the limits of the said city." On demurrer, the bill was dismissed and plaintiff has appealed.

The court below, in its opinion disposing of the case, recites the essential facts, taken from the bill, substantially as follows: Plaintiff is a resident of and property holder in Wesleyville (about four miles from the City of Erie, the latter, a municipal corporation of the third class, being named as defendant); the "Commissioners of Water Works," the other defendant, is a quasi-municipal corporation in the City of Erie, organized under the Act of April 4, 1867, P.L. 768, "for the purpose of supplying water to the inhabitants of the said city"; they are empowered, by Act of June 13, 1913, P.L. 507, to extend the public service, under their charge, beyond the city limits; in pursuance of such authority, the municipal water works in question carried its pipes into the Borough of Wesleyville, and now furnishes water "to the citizens of said municipality"; this service is tendered subject to certain rules, rates and conditions adopted by the "joint action of the councils of the City of Erie and the Commissioners of Water Works," under authority of law; these regulations provide that users of water, residing beyond the limits of the City of Erie, must pay an advance of twenty-five per cent over the city rates and, in addition, the actual cost of the extension of the service into their respective properties, which latter charge is not made against patrons within the city.

After the...