Truby v. American Natural Gas Co.

Citations

• 38 Pa. Super. 166
• 1909 Pa. Super. LEXIS 106

Syllabus

<p>Corporations — Pipe line companies — Unlawful entry on land — Trespass —Pleading■—Anticipatory replication — Damages.</p> <p>1. Where in an action of trespass against a pipe line company, the plaintiff avers in his statement that the defendant wrongfully entered upon the plaintiff’s land and laid a pipe line against the plaintiff’s will, and the defendant sets up a right of way agreement with the plaintiff, giving the defendant a right to enter upon the land and lay a pipe line, the plaintiff may in rebuttal show that the pipe line actually laid was in a substantially different location than that mentioned in the agreement. The plaintiff in such a case is not bound to anticipate a defense of this character and answer it, in his pleadings.</p> <p>2. A permanent injury to land caused by the laying of a pipe line entitles the owner of the land to recover damages measured by the resulting depreciation in the value of the property.</p> <p>3. Where a landowner has knowledge that a pipe line company is laying a pipe line on his land, without having tendered him a bond, or made any effort with him to agree as to damages, he is not thereafter estopped from suing the company in trespass for damages for the permanent injuries to his property. In such a case the owner has a right to waive his constitutional and statutory right to security for his damages, and make claim in his action of trespass for permanent injuries to his property as if the company had given such security.</p>