Fisher v. Baden Gas Co.
Fisher v. Baden Gas Co.
Opinion of the Court
The first three assignments of error do not conform to the Rules of Court. The fourth alleges that the court below erred in not affirming the appellant’s first point, which point was as follows:
“ That a natural-gas company has no right in law to set off against damages for right of way, any benefits, either general or special, which may accrue to the property by reason of the presence of its line. ”
The natural-gas act of 1885, provides that if the company cannot agree with the owner as to the amount of damages, the
Judgment affirmed.
Reference
- Full Case Name
- WILLIAM FISHER v. BADEN GAS CO.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- [To be reported.] 1. An assignment of error to the admission of an offer of testimony, which does not show what testimony, if any, was admitted in pursuance of the offer, will bo disregarded as not in accordance with the rules of the Supreme Court. 2. The measure of damages for an appropriation of land, under the act of May 29, 1885, P. L. 29, for the construction and maintenance of a pipe line for the conveyance of natural gas, is that prescribed by article XVI., § 8, of the constitution, viz., just compensation. 3. Just compensation to the landowner for such an appropriation, consists of the surplus of the damage done to the land, over and above the amount of the special benefits, if any, accruing to the property by reason of the maintenance of the pipe line upon it.