Legal Opinion

Hague v. Wheeler

Supreme Court of Pennsylvania

Decided October 2, 1893No. Appeal, No. 107PublishedCited by 21 opinions

Appeal, No. 107, Jan. T., 1893, by defendants, N. P. Wheeler, L. R. Freeman et al., from decree of G. P. Warren Co., Dec. T., 1892, No. 33, awarding injunction in favor of plaintiffs, W. W. Hague and Citizens Gas Co. Bill in equity for injunction to restrain waste of gas on adjoining premises. Before Noyes, P. J. The bill averred that plaintiffs were lessees of about twenty-two hundred acres of land for oil and gas purposes, and that defendants were neighboring landowners.

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Appeal, No. 107, Jan. T., 1893, by defendants, N. P. Wheeler, L. R. Freeman et al., from decree of G. P. Warren Co., Dec. T., 1892, No. 33, awarding injunction in favor of plaintiffs, W. W. Hague and Citizens Gas Co. Bill in equity for injunction to restrain waste of gas on adjoining premises. Before Noyes, P. J. The bill averred that plaintiffs were lessees of about twenty-two hundred acres of land for oil and gas purposes, and that defendants were neighboring landowners. Plaintiffs further averred as follows: “ 3. By reason of the geological formation in that locality, the gas-bearing…

1Opinion of the Court

Opinion by

Mb,. Justice Williams,

The learned judge of the court below was quite right in saying that the questions raised in this case “ are of great importance and delicacy, and have never been determined in any court.” The production of oil and gas in this state has furnished many questions “ of great importance and delicacy,” that were new, and required to be considered and determined upon facts that were never dreamed of by the sages of the common law.

In the treatment of this case it is a matter of first importance to get a clear apprehension of the facts on which the questions are raised.…

2Cited by21 opinions

  1. Stephens County v. Mid-Kansas Oil & Gas Co.Texas Supreme Court · 1923
  2. Elliff v. Texon Drilling. Co.Texas Supreme Court · 1948
  3. People v. Associated Oil Co.California Supreme Court · 1930
  4. Gas Products Co. v. RankinMontana Supreme Court · 1922
  5. Williamson v. JonesWest Virginia Supreme Court · 1894

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