Denniston v. Philadelphia Co.

Citations

• 161 Pa. 41
• 28 A. 1007
• 1894 Pa. LEXIS 629

Syllabus

<p>Eminent domain — Pipe line for gas.</p> <p>The inconvenience and injury caused by the location of a properly con•strueted and carefully operated pipe line may be considered in a proceeding for the assessment of damages to the land through which it passes, but such as are produced by the negligent construction and operation of the pipe line'cannot be considered in such a proceeding.</p> <p>Pipe line — Negligence—Leakage—Evidence.</p> <p>In a proceeding to assess damages for injuries resulting from the con•struction of a pipe line for gas, evidence that leakage of gas from the pipe line had destroyed a spring, and injured vegetation, is not proper for the •consideration of the jury, where there is nothing to show whether the leakage was the natural and ordinary consequence of the location and construction of the line, or was the result of the company’s negligence in ■constructing and operating the line.</p> <p>Evidence — Gross-examination—Defence.</p> <p>Matters of defence cannot be introduced on the cross-examination of .plaintiff’s witnesses.</p>