Hankey v. Philadelphia Co.
Superior Court of Pennsylvania
Appeal, No. 123, April T., 1897, by defendant, from judgment of C. P. Armstrong Co., March T., 1896, No. 55, on verdict for plaintiff. Trespass for injury to abutting owner by laying gas pipe and telephone line on public road in front of plaintiff’s premises.
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Appeal, No. 123, April T., 1897, by defendant, from judgment of C. P. Armstrong Co., March T., 1896, No. 55, on verdict for plaintiff. Trespass for injury to abutting owner by laying gas pipe and telephone line on public road in front of plaintiff’s premises. Before Raybdbn, P. J. It appears from the evidence that the defendant company, having the right of eminent domain, laid an eight inch gas pipe in front of plaintiff’s property and neglected to enter bond or arrange for a settlement of damages. It appears, moreover, that the plaintiff was present at his home in full view of the work as it…
1Opinion of the Court
Opinion by
Wickham, J.,
In the summer of 1895 the defendant, a corporation entitled to exercise the right of eminent domain, laid an eight inch gas pipe in and on a public road passing through the plaintiff’s farm, and also constructed a telephone line along the same highway.
No bond was tendered the plaintiff, nor was any attempt made to agree with him as to the damages. He was fully aware of what was being done by the defendant, and made no active attempt to stay the work, by bill in equity or otherwise. He is therefore estopped from depriving the defendant of the easement it acquired, but is…
2Cases cited4 opinions
- Jones v. Erie & Wyoming Valley R. R.Supreme Court of Pennsylvania · 1892
- Thompson v. Citizens Traction Co.Supreme Court of Pennsylvania · 1897
- O'Brien v. P. S. V. R.Supreme Court of Pennsylvania · 1888
- Pittsburgh & Lake Erie Railroad v. JonesSupreme Court of Pennsylvania · 1886
3Cited by10 opinions
- Caruthers v. Peoples Natural Gas Co.Superior Court of Pennsylvania · 1944
- Standard Plate Glass Co. v. Butler Water Co.Superior Court of Pennsylvania · 1897
- Magee v. Pennsylvania Schuylkill Valley RailroadSuperior Court of Pennsylvania · 1900
- Davis v. Pennsylvania Pipe LinesSupreme Court of Pennsylvania · 1907
- Linton v. Armstrong Water Co.Superior Court of Pennsylvania · 1905
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