Studebaker v. New Castle Gas Co.

Citations

• 7 Pa. Super. 641
• 1898 Pa. Super. LEXIS 359

Syllabus

<p>Eminent domain — Gas company — Act of 1885 — Trespass.</p> <p>A gas company assuming to exercise the right of eminent domain under the Act of May 29, 1885, P. L, 29, can do so legally only after a literal observance of the conditions imposed by that statute.</p> <p>Entry made without compliance with the conditions imposed by the act renders the company liable for trespass.</p> <p>Trespass — Entry by corporation — Punitive damages — Question for jury.</p> <p>Resort to force or intimidation must not be sanctioned, and a landowner has a clear right to insist on a literal compliance with the statute which authorizes any corporation to invade his property. Where the evidence shows that the first entry upon the land was without the owner’s consent and accompanied by physical-violence, that when the employees of defendant were yet on the land of the plaintiff pursuant to the original entry they resisted a constable who sought to arrest them, the question of punitive damage's was properly for the jury.</p> <p>Charge of court — General effect — Isolated statements.</p> <p>If the charge of the court as a whole is a correct and adequate presentation of the case to the jury, it will be affirmed although there may be some statements which standing alone are objectionable.</p>