McGregor v. Equitable Gas Co.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 167 October Term 1890, Sup. Ct.; court below, No. 286 July Term 1889, C. P. No. 2. On May 25, 1889, Robert McGregor, and John Peterman and Nancy, his wife, in right of said Nancy, presented their petition for the appointment of viewers to assess the damages payable by reason of the location and construction of a pipe line, for the conveyance of natural gas, by the Equitable Gas Company, upon…
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APPEAL BY PLAINTIEES EBOM THE COUBT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 167 October Term 1890, Sup. Ct.; court below, No. 286 July Term 1889, C. P. No. 2. On May 25, 1889, Robert McGregor, and John Peterman and Nancy, his wife, in right of said Nancy, presented their petition for the appointment of viewers to assess the damages payable by reason of the location and construction of a pipe line, for the conveyance of natural gas, by the Equitable Gas Company, upon and through certain lands of Robert McGregor and Nancy Peterman. The gas company, by filing a bond in court on May 14,…
1Opinion of the Court
OPINION,
MR. Justice Williams :
An entry upon land made by virtue of the right of eminent domain confers a right to the surface supported by the sub-jacent strata. The grantee of the commonwealth may insist on the full measure of support which the law gives him, but it does not follow that he must do so because he can. He must pay for what he takes, but he ought not to be compelled to take and pay for what he does not need, nor to inflict an injury on the owner of the land merely because he has the power to do so. He may, on the contrary, and a proper regard for the rights of others requires…
2Cases cited1 opinion
- Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890
3Cited by10 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Draker v. Iowa Electric Co.Supreme Court of Iowa · 1921
- Ferguson v. Pittsburgh & Shawmut RailroadSupreme Court of Pennsylvania · 1916
- Commonwealth v. Pardee Bros.Supreme Court of Pennsylvania · 1932
- Ralston v. Equitable Gas Co.Superior Court of Pennsylvania · 1918
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