Clements v. Phila. Co.
Superior Court of Pennsylvania
Appeal No. 76, April T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 567, on verdict for plaintiff. Trespass for removing pipe line. Before White, J. The action was trespass to recover damages alleged to have been caused to plaintiff’s property by defendant in removing pipe line therefrom.
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Appeal No. 76, April T., 1896, by defendant, from judgment of C. P. No. 2, Allegheny Co., Jan. T., 1894, No. 567, on verdict for plaintiff. Trespass for removing pipe line. Before White, J. The action was trespass to recover damages alleged to have been caused to plaintiff’s property by defendant in removing pipe line therefrom. In the year 1888 defendant appropriated the right of way for a pipe line across the plaintiff’s property by proceedings in the court of common pleas. In March, 1893, defendant entered upon plaintiff’s property and removed this pipe line therefrom, and this action was…
1Opinion of the Court
Opinion by
Smith, J.,
The defendant is a corporation organized for tbe transportation and distribution of natural gas. In 1888, by a proceeding under the act of May 29, 1885 (P. L. 29), it obtained, across the plaintiff’s land, the easement provided by that act, and proceeded to lay its pipes. In 1893, its supply of gas being exhausted, it removed its pipes. This action is brought to recover compensation for injuries charged to have been done to the plaintiff’s land in this removal. On the part of the defense, it is contended that compensation for injury necessarily done in such removal was…
2Cases cited16 opinions
- Pennsylvania R. v. MarchantSupreme Court of Pennsylvania · 1888
- Pittsburgh, Bradford & Buffalo Railway Co. v. McCloskeySupreme Court of Pennsylvania · 1885
- Becker v. Philadelphia & Reading Terminal RailroadSupreme Court of Pennsylvania · 1896
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
- Gilmore v. PittsburghSupreme Court of Pennsylvania · 1883
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