Windle v. Crescent Pipe Line Co.

Citations

• 186 Pa. 224
• 40 A. 310
• 1898 Pa. LEXIS 985

Syllabus

<p>Pipe lines — Damages—Release—Evidence—Trespass—Mistake of remedy.</p> <p>In an action of trespass against apipe line company for unlawful entry, where the defendant produces in evidence a release of damages which stipulates that the defendant shall pay “ for all actual injuries,” the plaintiff cannot be heard to allege that he supposed from the representations made to him that he would get the same damages as his neighbors, there being no offer to show fraud, accident or mistake, or that there was a parol promise made at the time, without which the release would not have been signed. In such a case the plaintiff’s remedy is an action on his contract.</p>