McGregor v. Equitable Gas Co.

Citations

• 139 Pa. 230
• 21 A. 13
• 1891 Pa. LEXIS 979

Syllabus

<p>[To be reported.]</p> <p>1. An entry upon land, by virtue of the right of eminent domain, confers a right to have the surface supported by the subjacent strata; but the commonwealth’s grantee is not bound to include this servitude in the easement appropriated, and if the landowner be released from its burden, it cannot be considered in assessing the damages: Penn Coal Co. v. Gas Co., 131 Pa. 522.</p> <p>2. A release of such servitude may be filed upon the trial in court of a proceeding to assess damages for the appropriation, when it is not made to appear that the landowner was misled to his injury by the delay in filing it; and, when so filed, it will be effective to relieve the corporation making the appropriation from liability to pay for the servitude.</p> <p>3. When a natural gas company has appropriated an easement for the construction of a gas line across coal land, excluding therefrom the servitude of subjacent support, the danger of the escape of gas into the mine, in consequence of subsidence of the surface when the coal is removed, is not a subject of compensation in assessing damages for the appropriation, a remedy being provided in §§ 10, 12, act of May 29, 1885, P. L. 29.</p> <p>4. The measure of damages for such an appropriation is, first, the actual damage done to the surface in the construction of the line, including injury to fences and crops; second, the depreciation in the value of the farm, as a whole, by the entry and appropriation of the gas company, excluding from consideration all servitude of the coal to the surface, and all dangers that might result from negligence.</p>