Gill v. People's Natural Gas Co.

Citations

• 17 Pa. Super. 462
• 1901 Pa. Super. LEXIS 337

Syllabus

<p>Contract — Pleadings—Rules of court — Evidence—Natural gas company.</p> <p>A natural gas company in consideration of the right to lay its pipe over and through lands agreed with the owner “to furnish off said pipeline while on said premises, free of cost,” the gas necessary to heat his dwelling, etc., the pipe and necessary fittings and labor to transport and connect up said dwelling to the gas, to be paid for by the owner of the land. The owner connected his dwelling with the pipe, and received gas therefrom until, owing to the falling off of the natural pressure, the gas company was compelled to use pumps. After this time the owner ceased to receive gas. He then brought suit against the company for breach of contract. A rule of epurt provided that in actions on contracts every material averment of fact in the pleadings, verified by affidavit shall be deemed competent evidence of the facts so alleged, and no evidence shall be admitted to controvert it, unless the adverse party shall directly deny it by proper plea verified by affidavits. The plaintiff alleged in his statement of claim that he had fitted up his dwelling with all the pipe necessary to connect the premises with said line, and had fitted up the premises with all the appliances necessary for using said gas. In the affidavit of defense the-defendant averred that the plaintiff had “ provided himself with such pipe and appliances as he deemed proper and necessary to carry and supply the gas from the main of the defendant to his premises ” and that affiant had no “ information as to the nature and character of the devices provided by the plaintiff for the purpose of drawing the gas from the said line to his premises.” Meld that the plaintiff should have been permitted to introduce on the trial the averments of his statement of claim as evidence of the fact therein alleged.</p>