Clement v. United States Pipe Line Co.

Citations

• 253 Pa. 187
• 97 A. 1070
• 1916 Pa. LEXIS 807

Syllabus

<p>Negligence — Pipe line companies — Location of pipe line — Depth —Act of June 2,1888, P. L. 61 — Construction—■Steam shovel- — Collision with pipe line — Liability of pipe line company.</p> <p>1. The Act of June 2, 1883, P. L. 61, requiring oil pipe line companies to bury their pipes at least twenty-four inches below the surface, was intended to apply only in cases where the right to lay the pipes is acquired adversely under condemnation proceedings, and has no application where the right is acquired by purchase from the owner.</p> <p>2. An oil pipe line company acquired the right to locate a pipe line through a farm by purchase; the pipé line was placed at a distance of sixteen inches below the surface of the soil; a subsequent purchaser of the land which had knowledge of the location of the pipe line engaged a contractor to erect a coke oven on the property. The steam shovel of a subcontractor who was excavating for the contractor, collided with the pipe line, and was destroyed. In an action by the subcontractor against the pipe line company for the loss of the steam shovel, there was no evidence that the defendant had notice that the land was to be used for other than agricultural purposes, or any evidence to charge the defendant with the duty of marking the route of the pipe line. The referee to whom the case was referred, found in favor of defendant, and judgment was entered upon the report of the referee. Held, no error.</p>