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BROOKBANK v. BENEDUM-TREES OIL CO.

389 Pa. 151 (1957)

Brookbank v. Benedum-Trees Oil Company, Appellant.

Supreme Court of Pennsylvania.

April 22, 1957.

Attorney(s) appearing for the Case

Elder W. Marshall and Charles E. Kenworthey, with them, Harvey A. Miller, Sr., Harvey A. Miller, Jr., B.R. Coppolo, Edwin W. Tompkins, J. Tomlinson Fort, John L. Rogers, Jr., Reed, Smith, Shaw & McClay, Driscoll, Gregory & Coppolo and Miller & Miller, for appellants.

William H. Eckert, with him Frank L. Seamans, Robert F. Patton, Clarence O. Devore and Smith, Buchanan, Ingersoll, Rodewald & Eckert, for appellees.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, April 22, 1957:

This appeal presents an inquiry into the rights, if any, of a railroad company and its assignees to drill for natural gas under an abandoned railroad bed which crosses a tract of land in Cameron County.

James H. Brookbank, one of two appellees,1 is the owner of a 90 acre tract of land situated in Gibson Township, Cameron County,...

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