N.Y.ST. NAT. GAS CORP. v. ROEDER


384 Pa. 198 (1956)

New York State Natural Gas Corporation v. Roeder, Appellant.

Supreme Court of Pennsylvania.

February 6, 1956.


Attorney(s) appearing for the Case

Edward J. Harkins, with him Robert J. Wharton, James D. Wolfe, Clay McCormick, Harkins & Wharton, Wolfe & Wolfe and Furst, McCormick, Muir & Lynn, for appellants.

Henry M. Hipple, with him G. Kirby Herrington, for appellee.

Before STERN, C.J., STEARNE, BELL, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE ARNOLD, February 6, 1956:

This action was begun by a bill in equity in which the plaintiff sought to restrain the defendants, inter alia, from drilling a gas well on the property leased to plaintiff, alleging that the defendants were mere intruders, had no rights to the gas in question, and were engaged in a continuing trespass.

After taking testimony at length on plaintiff's application for a preliminary injunction, the chancellor,...

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