Suburban Rapid Transit Street Railway Co. v. Monongahela Natural Gas Co.

Citations

• 230 Pa. 109
• 79 A. 252
• 1911 Pa. LEXIS 571

Syllabus

<p>Turnpike companies — Gas pipe under road — Natural gas companies— Condemnation of road — Estoppel—Equity—Corporations—Injunctions.</p> <p>1. Where a turnpike road company in consideration of gas to be furnished to itself, its successors or assigns, grants a “right of way” to a natural gas company “its successors and assigns for the purpose of laying pipes along said turnpike road” and the turnpike company subsequently assigns its rights under the contract to a street railway company, and thereafter the turnpike road is condemned and becomes a public street, the assignee of the turnpike company has a right to demand gas from the natural gas company as provided by the contract, as long as the natural gas company maintains its pipe line along the road undisturbed; and it is immaterial whether or not the turnpike company owned a fee in the road, or had power to grant a right of way beneath the surface.</p> <p>2. The taking over of a turnpike road by a county does not ipso facto terminate a right of way granted by the turnpike company to a natural gas company for gas pipes along the road.</p>