77 Pa. Super. 292 | Pa. Super. Ct. | 1921
Opinion by
The water company, appellant, permitted water rentals due from one of its patrons to become in arrears in the sum of $123.48. As the rental he was required to pay was but $16 per year, the period of time during which the arrears had been suffered to accumulate is but a question of calculation. The dwelling house in which the water was consumed was subject to the lien of a mortgage in favor of the building and loan association. A default having occurred, the mortgage was foreclosed and the property sent to sheriff’s sale. At the sale public notice was given to the bidders and buyers of the amount of water rent in arrears and of the facts that the water had been shut off and would not be turned on again until these arrears had been paid by the purchaser at the sheriff’s sale. The property was bid in by the mortgagee who later on sold it to Beam, the complainant. There is evidence to warrant the finding that Beam was fully apprised of the existing situation and that the mortgagee purchaser promised to him and to the water company as well that it would pay the claim of the company and discharge the arrears. It afterwards declined to do so. The purchaser, desiring to have the water turned on, went to the company and offered to enter into the usual contract and pay the water rental as it would accrue from the date of his purchase. The company declined to accept the offer and thereupon the purchaser filed a complaint before the Public Service Commission seeking an order compelling the water company to furnish water. After a hearing a report was made requiring the water company so to do and this appeal resulted.
There cap be no doubt a- public service company has the power to make and enforce reasonable regulations with regard to the payment of water rentals, for instance, and enforce such regulations. This power exists
We are not concerned with any question as to any remedy the water company may have for the collection of an honest debt, either from the person who contracted the debt or from the mortgagee who promised to pay it. Our only question is, was the order of the Public Service Commission directing the water to be turned on so that the property would become tenantable by the purchaser of it an unreasonable order? After mature reflection we are satisfied the question before us is practically ruled in two cases previously determined by this court, namely, Rochester, B. & L. Assn. v. Beaver Valley Water Co., 68 Pa. Superior Ct. 122, and more particularly in Beaver Valley Water Co. v. Public Service Commission, 70
As we are unable to find any substantial ground of distinction between that case and the one at bar, there appears to be no necessity for any further discussion of the present appeal.
The order of the Public Service Commission is affirmed and the appeal dismissed at the costs of the appellant.