Clements v. Philadelphia Co.

Citations

• 184 Pa. 28
• 38 A. 1090
• 1898 Pa. LEXIS 857

Syllabus

<p>■ Pipe line—Removal of pipe—Easement—Eminent domain—Act of May 29, 1885.</p> <p>A pipe line company engaged in the production and transportation of natural gas, which has buried its pipe under the provisions of the Act of May 29, 1885, P. L. 29, is under no obligation to let it remain indefinitely, but it has a right to abandon the easement which is acquired under the right of\ eminent domain and\ remove the pipe when its interests require it.</p> <p>Pipe line—Removal of pipe—Measure of damages—Act of May 29, 1885.</p> <p>Where a pipe line company removes pipe which it has buried under the land of another, by proceedings under the Act of May 29, 1885, P. L. 29, it is the duty of the company to remove the pipes at the time and in the manner least harmful to the landowner; to fill the trench so as substantially to restore the surface of the land, and to make compensation for any actual injury to growing grain or grass, and for any substantial injury to the turf, beyond the mere opening and filling of the trench in which the pipe lay.</p> <p>The measure of the plaintiff’s damage is, therefore, the amount of injury done him not strictly necessary to the prudent and careful removal Of the pipes.</p>