70 Pa. Super. 188 | Pa. Super. Ct. | 1918
Opinion by
This is a condemnation proceeding. The defendant, desiring to lay a gas line over land of the plaintiffs and being unable to agree with them, appropriated the required right of way and filed its bond in the Court of Common Pleas to secure the owners as provided by the statute. The bond is dated June 18, 1914. Viewers were appointed on petition of the plaintiffs on November 16,1914. On January 26,1915, the defendant with leave of court filed a document described in the proceedings as a “stipulation,” which contained among other things the following provision: “Second. The Equitable Gas Company, in the event of the said land being hereafter laid out in lots or being used for building or manufacturing sites by the said G. Edith Ralston and John M. Ralston, her husband, hereby binds itself, upon request and upon the furnishing of the necessary rights of way by the said Ralstons, to move the said pipe line from its present location and relay the same upon the streets and alleys of any plan that may be laid out of said land, or in case buildings or manufacturing sites are hereafter located on the part of said land occupied by the present pipe line, to move 'the said pipe line to such other reasonable location on the premises as may be furnished by the said Ralstons.” At the trial the court permitted the de
The judgment is reversed with a new venire.