Legal Opinion

Denniston v. Philadelphia Co.

Superior Court of Pennsylvania

Decided May 11, 1896No. Appeal, No. 2PublishedCited by 4 opinions

Appeal, No. 2, April T., 1896, by defendant, from judgment of C. P. Washington Co., Nov. T., 1892, No. 476, on verdict for plaintiff. Appeal from report of viewers awarding damages for construction of pipe line for gas. Before Greer, P. J., specially presiding.

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Appeal, No. 2, April T., 1896, by defendant, from judgment of C. P. Washington Co., Nov. T., 1892, No. 476, on verdict for plaintiff. Appeal from report of viewers awarding damages for construction of pipe line for gas. Before Greer, P. J., specially presiding. Verdict for plaintiff for $675. The facts sufficiently appear from the opinion of the Superior Court and opinion of the Supreme Court in the report of the same case in 161 Pa. 41. Errors assigned were, (1) admitting testimony as to whether leaks developed subsequently to laying the pipe; (2) permitting Joseph Estep to testify as to…

1Opinion of the Court

Opinion by

Wickham, J.,

On or about October 19, 1891, the appellant company, acting under its conceded right of eminent domain, entered on the farm of the appellees, containing two hundred and twenty-five acres, for the purpose of laying, across the same, a pipe line for the transportation of natural gas. The line which is twenty inches in diameter and about one hundred and twenty-four rods in length on the appellees’ land, was completed in November, 1891. More than a year thereafter, the damages caused to the property were assessed by viewers appointed by the court of common pleas. From their…

2Cases cited2 opinions

  1. Franklin Fire Insurance v. GruverSupreme Court of Pennsylvania · 1882
  2. Lineoski v. Susquehanna Coal Co.Supreme Court of Pennsylvania · 1893

3Cited by4 opinions

  1. Stork v. City of PhiladelphiaSupreme Court of Pennsylvania · 1900
  2. Chatham StreetSuperior Court of Pennsylvania · 1901
  3. Shanahan v. Agricultural InsuranceSuperior Court of Pennsylvania · 1897
  4. Curran v. East Pittsburg BoroughSuperior Court of Pennsylvania · 1902

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