Evans v. American Natural Gas Co.

Citations

• 55 Pa. Super. 116
• 1913 Pa. Super. LEXIS 327

Syllabus

<p>Deed — Gas company — Pipe line — Agreement with owner — Eminent domain — Entire and severable contract.</p> <p>Where a landowner, in consideration of receiving natural gas for his premises at a fixed price, grants to a gas company the right to lay and maintain a pipe line through and under his land, and the right to construct and operate a telegraph or telephone line over his land, the gas company cannot, by a mere notice of its intention to maintain its pipe line by the right of eminent domain, and not thereafter supply gas at the price fixed by the contract, place itself in a position to cut off the supply of gas; and if it attempts to do so it will be enjoined. In such a case, if the gas company desires to exercise the right of eminent domain, it must indicate its intention to surrender or abandon all of the rights in the property of the grantor which it acquired by virtue of the grant.</p>