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BIBER v. DUQUESNE LIGHT COMPANY ET AL. (09/22/75)

decided: September 22, 1975.

BIBER, ET UX., APPELLANTS,
v.
DUQUESNE LIGHT COMPANY ET AL.



Appeal from judgment of Court of Common Pleas, Civil Division, of Allegheny County, April T., 1971, No. 3436, in case of Peter W. Biber, and Eileen Biber, his wife v. Duquesne Light Company, a Pennsylvania corporation, and Asplundh Tree Expert Company, a Pennsylvania corporation.

COUNSEL

Edward B. Friedman, with him Arnold M. Friedman, and Friedman & Friedman, for appellants.

James E. Coyne, with him Lancaster, Mentzer, Coyne & Duffy, for appellee, Duquesne Light Company.

Theodore E. Breault, with him Egler & Reinstadtler, for appellee, Asplundh Tree Expert Company.

Watkins, P.j., Jacobs, Hoffman, Cercone, Price, Van der Voort, and Spaeth, JJ. Opinion by Watkins, P.j.

Author: Watkins

[ 235 Pa. Super. Page 429]

This appeal is from the judgment of the Court of Common Pleas of Allegheny County entered after a jury returned a verdict for the appellees, Duquesne Light Company and Asplundh Tree Expert Company.

The background of the case is as follows:

[ 235 Pa. Super. Page 430]

On November 22, 1968, appellants, Peter W. Biber and Eileen Biber, his wife, by Quit-Claim Deed to Right of Way and General Release of Claims for a consideration of $17,500.00 granted to the appellees a perpetual easement and right of way upon, over, under, along, across and through their property in South Fayette Township, taking approximately one and one-half (1 1/2) acres.

The deed provided in part as follows:

"With the right, privilege and authority to erect, construct, maintain, use, repair, renew, operate and finally remove electric transmission system consisting of such circuits, cables and wires, including such appurtenant telephone, communication and control cables and wires, on such poles, "H" frames, supported structures, towers or columns, and together with such crossarms, anchors, guys and other fixtures and apparatus as the Company may at any time and from time to time deem necessary or proper for use in connection with said transmission system, together with the right to trim or remove, and control the growth of any trees, brush or shrubbery, and to remove obstructions, which at any time may interfere or threaten to interfere with the erection, construction, maintenance, use, repair, renewal, operation and final removal of said transmission system and to protect said transmission system from possible harm; and "Also, with the right, privilege and authority to enter upon said piece or parcel of land at any time for the erection, construction, maintenance, use, repair, ...


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