186 Pa. 224 | Pa. | 1898
Opinion by
The plaintiff has clearly mistaken his remedy. In his statement he declared as the owner of a farm for a trespass by an entry “ without authority of law or of the plaintiff,” the digging Of a ditch,'and putting down of a pipe therein, the trampling of his grass, cutting of his trees, and damage by the leakage of oil from the pipe. His evidence in chief .was all upon the same lines. The defendant then put in evidence a release under seal, by which plaintiff authorized the entry and granted the defendant a right of way for its pipe, the defendant stipulating to pay for all actual injuries to lands, timber, crops, fences, buildings and improvements, and for all damages from bursting or leaking of the pipe, etc.
To meet this turn in his case the plaintiff then offered to
Judgment affirmed.