Davis v. Southwest Pennsylvania Pipe Lines

Citations

• 223 Pa. 56
• 72 A. 281
• 1909 Pa. LEXIS 472

Syllabus

<p>Pipe lines — Construction of lines — Trespass—Failure to condemn— Equity — Injunction.</p> <p>An action of trespass against a pipe line company which has illegally, and without consent, laid a pipe line across the plaintiff’s land, is not res adjudicata when subsequently a bill in equity is filed by the landowner to restrain the operation of the line, and it appears that the trespass suit was brought merely to establish plaintiff’s right, and that the recovery therein was for nominal damages only.</p>