Provost v. New Chester Water Co.
Supreme Court of Pennsylvania
Appeal, No. 292, Jan. T., 1894, by plaintiff, from judgment of C. P. Delaware Co., Dee. T., 1892, No. 9, on verdict for defendant. Trespass for maintaining water pipe under sidewalk.
Read the full summary
Appeal, No. 292, Jan. T., 1894, by plaintiff, from judgment of C. P. Delaware Co., Dee. T., 1892, No. 9, on verdict for defendant. Trespass for maintaining water pipe under sidewalk. Plaintiff’s statement, after reciting title, etc., averred: “ That said defendant has laid or caused to be laid a water main or pipe under, over and upon the sidewalk which is a part of the said plaintiff’s said premises, close to the building line, and has thereby interfered with and prevented the said plaintiff from using the said premises in the erection of buildings and otherwise, and from the first day of…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
This case is ruled by McDevitt v. People’s Nat. Gas Co., 160 Pa. 367, decided since this was argued. In that case the gas company had laid a pipe under the sidewalk in front of the plaintiff’s land and he had filed a bill to enjoin, and also a petition for viewers to assess damages. It was held that there was no taking of any of plaintiff’s property and therefore no case for the appointment of viewers; that the remedy of the owner for special damages was by an action of trespass, though a court of equity might properly compel the gas company to file a bond to…
2Cases cited1 opinion
- McDevitt v. People's Nat. Gas Co.Supreme Court of Pennsylvania · 1894
3Cited by6 opinions
- Pennsylvania R. R. v. Montgomery County Passenger RailwaySupreme Court of Pennsylvania · 1895
- Shinzel v. Bell Telephone Co.Superior Court of Pennsylvania · 1906
- Allegheny County Light Co. v. BoothSupreme Court of Pennsylvania · 1907
- Scranton & Pittston Traction Co. v. President of the Delaware & Hudson Canal Co.Superior Court of Pennsylvania · 1896
- 46 South 52nd Street Corp. v. ManlinSupreme Court of Pennsylvania · 1960
1 more not listed; retrieve them via the Exa API.