Zandt v. Philadelphia, Baltimore & Washington Railroad

<p>APPEALS BY PLAINTIFFS FROM THE COURT OF COMMON PLEAS NO. 2 OF ALLEGHENY COUNTY.</p> <p>Nos. 177, 204 October Term 1889, Sup. Ct.; court below, Nos. 157, 509 April Term 1888, C. P. No. 2.</p> <p>To No. 157 April Term 1888, of the court below, Nannie R. Collins brought trespass against the Chartiers Valley Gas Company to recover damages for an injury to a water well owned by the plaintiff, alleged to have been occasioned by the negligence of the defendant. To No. 509 of the same term Mary L. Osbon brought a similar action against the same defendant to recover for a like injury.</p> <p>The two cases having been put at issue, they were tried together on May 6, 1889, when the following facts were shown:</p> <p>Each of the plaintiffs is the owner of a small lot of ground, with a house thereon, situate in the borough of Glenfield in Allegheny county. On each of said lots is a well used to supply water for domestic uses on the premises. On June 7,1887, the defendant, being engaged in the business of producing and supplying natural gas, entered into a written contract with C. J. Hummel, by which Hummel engaged to drill a well for natural gas upon a “ location ” in the borough of Glenfield, distant about 100 feet from the water'well of one of the plaintiffs, and about 125 feet from that of the other. The contract provided that Hummel should encase said gas well with eight and one fourth inch casing to the depth of 700 feet, and deep enough to shut off all fresh water, and below that with six inch casing to shut off any water or caving rock found just above the gas rock, and should warrant the well absolutely free from water and do all work to the satisfaction of the defendant’s superintendent ; all tools, and gas and Avater connections, to be furnished by Hummel, and all casing required for the well to be furnished by the defendant. The contract contained also the following clause: “ All springs to be fully protected from damage, and drillings to be carried from the wells

<p>Appeal from Fannin. Tried below before Hon. D. H. Scott,</p> <p>On the-day of December, 1876, appellants filed a suit in the district court of Fannin county for recovery of an undivided interest in land in controversy.</p> <p>On September 6, 1880, Margaret Boone and her husband, J. W. Boone, Olive T. Wainscott and her husband, Thomas J. Wainscott, and Jacob H. Humphrey, filed their fifth amended petition in the district court of Fannin, county against Harvey B. Cobb, John Hulsey and many others, for their, appellants’, undivided interest in the Daniel Davis league and labor of land.</p> <p>In said petition appellants allege that in December, 1874, they were seized and possessed of said land in their own right as follows, respectively: Margaret Boone, of an undivided interest of one-half and said Olive T. Wainscott and Jacob H. Humphrey, each of an undivided interest of one-eighth in the said Daniel Davis league and labor of land. That on December -, 1874, the appellees expelled appellants therefrom. That there were many farms on said land and the appellees had used and cultivated the cleared land for their own use and appropriated all the rents and profits thereof since and for years before the commencement of this suit and withheld from appellants their share in same. That the rents and profits were of the value of twenty thousand dollars, and that appellants had been thereby damaged ten thousand dollars. That appellees cut down and used a large number of trees growing upon said land of the value of and to appellant’s damage ten thousand dollars.</p> <p>That appellants, Margaret and Daniel Davis, were married in Texas in 1834 and lived together as such and were reputed to be and were man and wife in Texas from that time until the death of Daniel Davis, which took place in 1838.</p> <p>That they were, both of them, residents of Texas at and before their marriage and continued to be so, the said Daniel Davis until his death, in 1838, and the said Margaret until th