Penn. Natural Gas Co. v. Cook
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 256 October Term 1887, Sup. Ct.; court below, No. 584 December Term 1886, C. P. No. 1. On December 4, 1886, a summons in debt was issued in an action by John W. Cook, for use of A. Cook, against tbe Pennsylvania Natural Gas Company, the United Gas Fuel Company and B. F. Rafferty. On December 14th, the defendants pleaded, nil debet.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE ALLEGHENY COUNTY. No. 256 October Term 1887, Sup. Ct.; court below, No. 584 December Term 1886, C. P. No. 1. On December 4, 1886, a summons in debt was issued in an action by John W. Cook, for use of A. Cook, against tbe Pennsylvania Natural Gas Company, the United Gas Fuel Company and B. F. Rafferty. On December 14th, the defendants pleaded, nil debet. At the trial on May 11, 1887, the defendants filed the additional plea of non est factum. It then appeared that in May, 1886, J. W. Cook, the plaintiff, under a lease from the Pittsb. & W. R. Co.,…
1Opinion of the Court
OPINION,
Mr. Justice Paxson :
two to the validity of the bond sued upon, and to the measure of damages. The bond in question purports to have been executed by the Pennsylvania Natural Gas Company, and by the United Gas Fuel Company, and was given to the plaintiff below, to indemnify him against “ all damages of whatsoever nature or kind that may be suffered or sustained by said Cook by reason of the excavating for, putting together, burying, constructing, completing-, and repairing a line or lines of gas pipe, through:, the bed and waters, and up the shore and bank of the Allegheny river, at…
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