Legal Opinion

Ralston v. Equitable Gas Co.

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 136PublishedCited by 7 opinions

Appeal, No. 136, April T., 1918, by plaintiffs, from judgment of C. P. Armstrong Co., Dec. T., 1914, No. 202, on verdict for plaintiffs in case of G. Edith Ralston and John M. Ralston, her husband, v. Equitable Gas Company. Appeal from report of jury of view.

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Appeal, No. 136, April T., 1918, by plaintiffs, from judgment of C. P. Armstrong Co., Dec. T., 1914, No. 202, on verdict for plaintiffs in case of G. Edith Ralston and John M. Ralston, her husband, v. Equitable Gas Company. Appeal from report of jury of view. The facts are stated in the opinion of the Superior Court, The court charged in part as follows: [“We say to you as a matter of law, that the defendant company is bound by this stipulation as contained in paragraphs two and three, and we further say to you that it is such an obligation or stipulation as can be enforced by the courts…

1Opinion of the Court

Opinion by

Henderson, J.,

This is a condemnation proceeding. The defendant, desiring to lay a gas line over land of the plaintiffs and being unable to agree with them, appropriated the required right of way and filed its bond in the Court of Common Pleas to secure the owners as provided by the statute. The bond is dated June 18, 1914. Viewers were appointed on petition of the plaintiffs on November 16,1914. On January 26,1915, the defendant with leave of court filed a document described in the proceedings as a “stipulation,” which contained among other things the following provision: “Second.…

2Cases cited4 opinions

  1. Dilts v. Plumville RailroadSupreme Court of Pennsylvania · 1909
  2. Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
  3. Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
  4. McGregor v. Equitable Gas Co.Supreme Court of Pennsylvania · 1891

3Cited by7 opinions

  1. Philadelphia AppealSupreme Court of Pennsylvania · 1950
  2. McGunnegle v. Pittsburgh & Lake Erie R. R.Supreme Court of Pennsylvania · 1921
  3. Goodman Et Ux. v. City of BethlehemSupreme Court of Pennsylvania · 1936
  4. Commonwealth v. GarrettSuperior Court of Pennsylvania · 1997
  5. Eisaman Petition, Pennsylvania Court of Common Pleas, Westmoreland County1962

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