Behling v. Sw. Pa. Pipe Lines

Citation160 Pa.St. 359,28 A. 777
PartiesBEHLING v. SOUTHWEST PENNSYLVANIA PIPE LINES.
Decision Date26 March 1894
CourtUnited States State Supreme Court of Pennsylvania
28 A. 777
160 Pa.St. 359

BEHLING
v.
SOUTHWEST PENNSYLVANIA PIPE LINES.

Supreme Court of Pennsylvania.

March 26, 1894.


Appeal from court of common pleas, Washington county.

Action by Mary Behling against the Southwest Pennsylvania Pipe Lines for damages for negligently causing plaintiff's house to be consumed by fire. From a Judgment entered on a verdict for plaintiff, defendant appeals. Reversed.

H. McSweeney, M. F. Elliott, and Boyd & Crumrine, for appellant.

Taylor & McIlvaine, for appellee.

WILLIAMS, J. The house of the plaintiff, situated near the bank of Robb's run, in the borough of McDonald, was burned on the night of the 10th of November, 1891. The defendant company was engaged in transporting oil from the wells of the McDonald oil field to its storage tanks, and to the markets in Pittsburgh and other cities. The plaintiff alleges that the burning of her house was due to the negligence of the defendant in laying its lines, and brings this action to recover its value. The important facts are not in controversy. The McDonald field extends over a large region, covering the country on both sides of the run, and extending over the tops of the hills above it Many of the wells were unexpectedly large, and considerable oil was lost before the field was accommodated with lines sufficient for its transportation. There were several wells above Mrs. Behling's house, the waste oil from which had run into and down Robb's run before the lines reaching there could be laid. To secure and remove the product of these wells, a four-inch line was first laid up the run and along its course. This proved insufficient, and a three-inch line was placed along by its side. The oil from the wells on the side and top of the hill was drawn into these lines, and conveyed out of the field. Among the wells served by these lines was one known as the "Butler Well," which was some 500 or 600 feet from the Behling house, further up the hill, and near the run. Another was known as the "Church Well." This was on the opposite side of the run, some distance from it, and connected with the pipe lines along the run by a branch made of two-inch pipe. The point of junction was near 100 feet from the house, and, as we understand, lower down the stream. On the night of the 10th of November, 1891, the Butler well took fire. The derrick, engine house, and machinery were destroyed, and the fire was communicated to the tanks, in which about 150 barrels of oil were standing at the time. The...

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