Giffin v. South West Pennsylvania Pipe Lines

Citations

• 172 Pa. 580
• 33 A. 578
• 1896 Pa. LEXIS 814

Syllabus

<p>[Mai-ked to be reported.]</p> <p>Actions — Trover and conversion — Chattels severed from freehold — Adverse possession.</p> <p>Trover and conversion is not the proper remedy to recover the value of chattels severed from the soil, while the soil itself at the moment of severance was in the adverse possession of another.</p> <p>Action — Assumpsit—Oil—Adverse piossession — Pipe lines.</p> <p>A part owner of oil land cannot maintain an action of assumpsit against a pipe line company to recover the value, of oil delivered to the company by a person in possession of the land and holding adversely to the plaintiff.</p> <p>Pipe line companies — Common carriers — Agents.</p> <p>A pipe line company is a common carrier bound to receive and transport, for all persons alike, all goods intrusted to its care, and is not in any sense to be deemed an agent for the persons committing oil to its care, with power either to affect by its acts or declarations, the rights of customers, or to conserve the litigated claims or rights of customers as between them and other persons.</p> <p>Where a pipe line company receives oil from land in the possession of the consignor, it is bound to deliver the oil to the consignor, although the oil is claimed by another person who was formerly in possession of the land and had delivered oil from the land to the pipe line company.</p>