Truby v. American Natural Gas Co.
Superior Court of Pennsylvania
Appeal, No. 223, April T., 1908, by defendant, from judgment of C. P. Armstrong-Co., March T., 1907, No. 219, on verdict for plaintiff in case of W. H. Truby v. American Natural Gas Company. Trespass to recover damages for injuries to land. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for- $519. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Rice, P. J.,
We cannot agree with the defendant’s counsel that the plaintiff was not entitled to recover under the pleadings. He brought suit in trespass and alleged in his statement of claim that the defendant with force and arms entered upon his land, describing it, and laid a pipe line through and in the same, against the will of the plaintiff, which it continued to maintain to the date of suit brought. The defendant pleaded not guilty. On the trial of the issue plaintiff adduced proof of the entry, the laying and maintenance of the pipe line, and the damages, as for a permanent…
2Cases cited11 opinions
- Rabe v. Shoenberger Coal Co.Supreme Court of Pennsylvania · 1906
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Carpenter v. LancasterSupreme Court of Pennsylvania · 1905
- Boults v. MitchellSupreme Court of Pennsylvania · 1851
- Shiffer v. BroadheadSupreme Court of Pennsylvania · 1889
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3Cited by5 opinions
- Weisfield v. BealeSupreme Court of Pennsylvania · 1911
- Schlichtkrull v. Mellon-Pollock Oil Co.Supreme Court of Pennsylvania · 1930
- Commonwealth v. ShapiroSuperior Court of Pennsylvania · 1909
- Bennett v. Pennsylvania Electric Co., Pennsylvania Court of Common Pleas, Cambria County1960
- Wolf v. Buffalo House Wrecking & Salvage Co., Pennsylvania Court of Common Pleas, Erie County1927