156 Ind. 679 | Ind. | 1901
Lead Opinion
Suit by tbe appellants for an injunction to prevent the appellee from transporting natural gas through pipes at k pressure in excess of the natural rock pressure, and by means other than the natural pressure of the gas flowing from the wells. The ground of the action is the supposed violation of the provisions of the act of 1891 (Acts 1891, p. 89), §§7507, 7508, 7509 Burns 1894, which, in terms, prohibits the transportation of natural gas through pipes at a pressure in excess of the natural rock pressure, or by means other than the natural pressure of the gas flowing from the wells.
The enactment of this statute was an exercise of the police power of the State, and on that ground its constitutional validity was sustained in Jamieson v. Indiana Natural Gas, etc., Co., 128 Ind. 555, 12 L. R. A. 652. The dangerous qualities of natural gas rendered it necessary, for the protection of the persons and property of the inhabitants of this State, that the pressure under which it was to be transported through the State, and the strength of the pipes through which it might be conveyed, should be regulated by statute. The act does not directly, nor indirectly, attempt
The complaint failed, in the particulars mentioned, to state facts sufficient to bring the appellants within the remedial scope of the statute, and the demurrer to it was properly sustained.
Judgment affirmed.
Rehearing
On Petition for Rehearing.
The relief sought in this suit was an injunction restraining the appellees from transporting natural gas from their wells through pipes at a pressure ex
Petition for a rehearing overruled.