Winnett v. Carnegie Natural Gas Co.

Citations

• 37 Pa. Super. 204
• 1908 Pa. Super. LEXIS 264

Syllabus

<p>Pipe line companies — Expert testimony — Opinion of witness.</p> <p>In an action against a pipe line company to recover damages for injuries to land, a witness called to testify as to the value of the land, may express an opinion as to the money damages sustained, based upon what he saw and knew, but not upon what he had merely heard.</p> <p>Pipe line companies — Grant of right of way — Injuries to land.</p> <p>Where an owner of land grants to a pipe line company the right to lay its pipes under his land, the company is not liable for any damages to the owner if it lays its pipes within the limits of the right of way,</p> <p>• according to the methods customarily adopted in prosecution of such undertakings, and without negligence.</p> <p>Where an owner of land grants to a pipe line company the right to lay lines of pipe on his land, and wherever the word “line” is used it is used in the plural, the laying of one pipe line within the limits of the grant is not an exhaustion of the right, and the company may thereafter lay other lines.</p> <p>If after such a grant the land changes ownership, and the new owner for a valuable consideration confirms the grant, he cannot prevent the company from laying new lines within the right of way, although he may never in fact have seen the original grant.</p> <p>Appeals — Assignments of error — Evidence.</p> <p>An assignment of error to a ruling admitting evidence is defective, which fails to set forth the evidence admitted, and will not be considered.</p>