Carothers v. Philadelphia Co.
Supreme Court of Pennsylvania
APPEAL FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 249 October Term 1887, Sup. Ct.; court below, No. 218 March Term 1886. On January 7, 1886, James Carothers filed a bill in equity against the Philadelphia Company, George Westinghouse, Jr., T. A. Gillespie and J. R. McGinley, averring: That' plaintiff was seized in fee of a tract of land in Penn township containing 122 acres; that the defendants had entered thereon and intended to appropriate…
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APPEAL FROM THE DECREE OF THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 249 October Term 1887, Sup. Ct.; court below, No. 218 March Term 1886. On January 7, 1886, James Carothers filed a bill in equity against the Philadelphia Company, George Westinghouse, Jr., T. A. Gillespie and J. R. McGinley, averring: That' plaintiff was seized in fee of a tract of land in Penn township containing 122 acres; that the defendants had entered thereon and intended to appropriate two strips through it, each six feet wide, for the purpose of laying therein pipe-lines for the transportation of…
1Opinion of the Court
Opinion,
Mb.. Justice Williams :
The plaintiff in the court below is the owner of a tract of land. The defendant is a corporation claiming the right of eminent domain and seeking by virtue thereof to enter upon the plaintiff’s land and lay under the soil, pipes for the transportation of natural gas from its wells in Westmoreland county to its customers in and about the city of Pittsburgh. The plaintiff denies that the defendant possesses this right for the purpose for which it is sought to exercise it, and asks the court to restrain its exercise; alleging that the production, transportation,…
2Cases cited3 opinions
- Craig v. First Presbyterian ChurchSupreme Court of Pennsylvania · 1879
- Allegheny County Home's CaseSupreme Court of Pennsylvania · 1874
- Commonwealth v. GreenSupreme Court of Pennsylvania · 1868
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- Page v. CarrSupreme Court of Pennsylvania · 1911
- Dailey v. Potter CountySupreme Court of Pennsylvania · 1902
- Franke v. Johnstown Fuel Supply Co.Superior Court of Pennsylvania · 1918
- Peoples Natural Gas Co. v. Public Service CommissionSuperior Court of Pennsylvania · 1922
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