Appeal from judgment of Court of Common Pleas of Allegheny County, April T., 1961, No. 1173, in case of Pittsburgh National Bank, executor of estate of Frank E. Mower, deceased v. Equitable Gas Company.
William H. Eckert, with him Milton W. Lamproplos, and Eckert, Seamans & Cherin, for appellant.
Morris M. Berger, with him C. William Berger, and Berger & Berger, for appellee.
William H. Markus, for amicus curiae.
David Dunlap, for amici curiae.
Samuel G. Miller, Henry P. Sullivan, Donald Blanken and Vincent P. McDevitt, for amicus curiae.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Chief Justice Bell and Mr. Justice Cohen concur in the result.
In 1921, Frank E. Mower and Viola B. Mower, his wife, acquired the title to land abutting Beatty Road,
an established public right of way, in Patton Township, Allegheny County. In 1951, the Mower property and the abutting public highway were incorporated into Monroeville Borough. In 1956, the defendant, a public utility company, laid a subsurface pipeline along the frontage of the Mower property for use in the distribution of natural gas to the public.
This action of trespass followed. It was commenced by the issuance of a summons. The Mowers were both named party plaintiffs. Viola B. Mower then died, and the complaint named Frank E. Mower as plaintiff alone. Before trial, Frank Mower died, and the executor of his estate was substituted as party plaintiff.
The plaintiff has elected to consider the alleged trespass as an appropriation of a right of way for the pipeline, and to have the damages assessed as if the ...