Appeal, No. 179, Jan. T., 1957, from judgment of Court of Common Pleas of Delaware County, June T., 1956, No. 1702, in case of Edna Louisa Stellwagon et al. v. J. Harlan Pyle et al. Judgment affirmed.
Malcolm B. Petrikin, with him Harold K. Wood, John W. Wellman and Chadwick, Curran, Petrikin & Smithers, for appellants.
J. H. Ward Hinkson, with him William A. Burns, William Charles Hogg, Jr. and Vincent P. McDevitt, for appellees.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE CHIDSEY
Plaintiffs in this action in equity sought to enjoin the individual defendants from breaching the terms of a written agreement whereby defendants engaged, inter alia, not to convey certain real estate to the Philadelphia Electric Company which was permitted to intervene as a party defendant. Both the individual defendants and the intervening defendant filed preliminary objections to the complaint. The court sustained the preliminary objections and entered judgment for the defendants. This appeal by the plaintiffs followed.
The material averments of the complaint as set forth in the opinion of the court below are as follows: "Plaintiffs Stellwagon and Charch are the owners, respectively, of premises situated in the Township of
Pennsbury, Chester County, Pa. Plaintiffs, Max R. Karrer and Nedra E. Karrer, husband and wife, are the owners of premises situated in the Township of Birmingham, Delaware County, Pa. Defendants are joint owners of premises situated in the Township of Birmingham, Delaware County, Pa. The premises of the plaintiffs are situated adjacent to or in the immediate vicinity of the premises of the defendants.
"The Philadelphia Electric Company proposes to erect a 220,000 volt transmission line from its Bradford substation in chester County over a determined route to a power plant of the Company known as Eddystone Power Plant in Delaware County, Pa., 'said route having been determined by the said Philadelphia Electric Company'.
"For the location of this transmission line, the Company notified plaintiffs, defendants and others that it desired to obtain rights of way or deeds in fee simple over and across their respective properties for its corporate use, including the erection of towers, poles, wires, cross arms, anchor guys and other necessary appurtenances for the transmission or distribution of electricity over the transmission line.
"The Company instituted proceedings before the Public Utility Commission of the Commonwealth to take the land of plaintiffs for use in the erection of the transmission line. Pursuant to these proceedings, and after public hearings, the Commission has issued certificates of convenience as to the properties of plaintiffs Stell wagon and Charch. An appeal to the Superior Court ...