Legal Opinion

Citizens Natural Gas Co. v. Calvert

Superior Court of Pennsylvania

Decided October 17, 1904No. Appeal, No. 49Published

Appeal, No. 49, April T., 1904, by defendant, from judgment of C. P. Beaver Co., June T., 1900, No. 204, in verdict for plaintiff in case of The Citizens Natural Gas Company v. William M. Calvert. Replevin for oil pipe laid under defendant’s land.

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Appeal, No. 49, April T., 1904, by defendant, from judgment of C. P. Beaver Co., June T., 1900, No. 204, in verdict for plaintiff in case of The Citizens Natural Gas Company v. William M. Calvert. Replevin for oil pipe laid under defendant’s land. Wilson, P. J., stated the facts to be as follows: This action in replevin was brought by the Citizens Natural Gas Company of Beaver County against William M. Calvert, to recover 3,100 feet of three-incli pipe and 261 feet of two-inch pipe. The- position of the plaintiff company is that in 1894 it laid a pipe line through the lands of William M.…

1Opinion of the Court

Opinion by

Smith, J.,

The principal error disclosed by this record is in the ques*314tion reserved, which is as follows: “ The court reserves the question whether the plaintiff has the right to enter and remove the pipe in question, and the right to enter a verdict non obstante veredicto.” In this, several material questions of fact which were for. the jury are withheld from consideration, while the testimony in relation to them is regarded by the appellant as favorable to his contention. In the reservation, these are covered by the sentence, “ Whether the plaintiff has the right to enter and…

2Cases cited2 opinions

  1. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
  2. Mayne v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1901

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