Sun Pipe Line Co. v. Tri-State Telecommunications Inc.

45 Pa. D. & C.3d 135
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedJuly 16, 1986
Docketno. 83-02130-09-2
StatusPublished

This text of 45 Pa. D. & C.3d 135 (Sun Pipe Line Co. v. Tri-State Telecommunications Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sun Pipe Line Co. v. Tri-State Telecommunications Inc., 45 Pa. D. & C.3d 135 (Pa. Super. Ct. 1986).

Opinion

RUFE, J.,

Sun Pipe Line Company’s East Line is a 14-inch pipeline which originates near Marcus Hook, Pa., and terminates in Newark, N.J. On November 12, 1982, a “hole hog” operated by employees of Tri-State Telecommunications Inc., punctured the pipeline at a point beneath Newtown-Richboro Road (Route 332) in Newtown [137]*137Township. Consequently, thousands of gallons of unleaded gasoline escaped into the ground of the surrounding Newtown Crossing residential development. The injured residents and damaged property owners in the development have been certified as class action plaintiffs.

Before the court on stipulated facts are the cross-motions of the class action plaintiffs and defendant Sun Pipe Line for partial summary judgment on the issue of strict liability. The court finds defendant strictly liable on both theories advanced by plaintiffs: (1) strict liability for conducting an abnormally dangerous activity under the Restatement (Second) of Torts, §520; and (2) strict liability under Pa.C.S. § 3351(g).

I. STRICT LIABILITY FOR AN ABNORMALLY DANGEROUS ACTIVITY

Under the Restatement approach, which has been generally incorporated by Pennsylvania case law, e.g., Albig v. Municipal Authority of Westmoreland, County, 348 Pa. Super. 505, 502 A.2d 658 (1985), Lobozzo v. Adam Eidenmiller Inc., 437 Pa. 360, 263 A.2d 432 (1970); the question whether an activity is abnormally dangerous is a question of law. Albig, supra. The following criteria apply:

“§520. Abnormally Dangerous Activities
“(a) exisitence of a high degree of risk of some harm to the person, land or chattels of others,
“(b) likelihood that the harm that results from it will be great,
“(c) inability to eliminate the risk by the exercise of reasonable care,
“(d) extent to which the activity is not a matter of common usage,
“(e) inappropriateness of the activity to the place where it is carried on, and
[138]*138“(f) extent to which its value to the community is outweighed by its dangerous attributes.” Restatement, §520.

Although all factors are important, each one need not be present for strict liability to apply “especially if others weigh heavily.” Id., comment (f).

The high risk of harm and the difficulty of eliminating that risk are amply demonstrated here. The pipeline accident occurred despite defendant’s duly registering with the Bucks County recorder of deeds pursuant to Act 287.1 What weighs even more heavily, however, is the magnitude of the harm involved. As the court stated in City of North Glenn v. Chevron, U.S.A. Inc., 519 F. Supp. 515, 516 (D. Colo., 1981), gasoline is “not merely fuel, but a high volatile, explosive and toxic substance as well as one of the most powerful solvents commonly available.” The extent of plaintiffs’ damages, though not as yet precisely determined, shows the potential for pipeline gasoline’s causing an. environmental catastrophe of considerable magnitude.2

Most importantly, the pipeline transportation of large quantities of gasoline underneath a residential community is neither a matter of common usage, nor an activity appropriate to the place where it is carried on. The natural gas pipeline cases3 cited by [139]*139defendant are distinguishable since each of those pipelines directly serviced the homes in a community. Hence, the pipeline represented an activity “carried on by a large percentage of the population.” See Restatement, §520, comment (i). Although defendant’s pipeline, via its Willow Grove terminal, supplies virtually all Sunoco gasoline sold at Bucks County service stations and some heating oil delivered to Bucks County homes, defendant does not contend that all or even most Newtown area residents regularly consume the pipeline’s gasoline.

The present action is also distinguishable from the two Texas cases cited by defendant, Cities Service Pipe Line Co. v. United States, 742 F. 2d 626 (6th Cir., 1984), and Humble Pipe Line Co. v. Anderson, 339 S. W. 2d 259 (Tex., 1960). Neither ease involved a pipeline spill in the midst of a residential development.

Finally, the dangerous attributes of defendant’s pipeline are not outweighed by any value to the Newtown community. This is not an instance where “the community is largely devoted to the dangerous enterprise and its prosperity largely depends on it.” See Restatement, §520, comment (k). Whatever marginal economic value the pipeline has to the region or society at large is not relevant. As the court stated with respect to truck transportation in Seigler v. Kulhman, 502 P.2d 1181, 1187 (Wash., 1972): “That gasoline cannot be practically transported except upon the public highway does not decrease the abnormally high risk arising from its [140]*140transportation.” See also, Restatement §520, comment (i) (that transportation of explosives may be “necessary to the construction of many public and private works” does not weigh against imposing strict liability).

In sum, defendant’s pipeline created a risk so unusual both as to its magnitude and surrounding circumstances as to justify the imposition of strict liability.4 Sun Pipe is therefore liable irrespective of its own alleged exercise of due care or the alleged negligence of third parties. See Restatement §522.

II. STRICT LIABILITY UNDER PA.C.S §3351(9)

As set forth' at 15 Pa.C.S. §3351:

“Any company laying a pipeline5 within this commonwealth shall be liable for all damages occasioned by leakage, breaking of pipes or tanks, or any negligence in the construction, maintenance or operation thereof.”

Despite the obvious provision of strict liability in the first clause of the statute, defendant contends pipeline companies are not liable for pipe leakage and breaking caused by the negligence of third parties. Neither the language, legislative history of the statute, nor the interpretive case law supports that contention.

When a statute’s words are clear and free from ambiguity, the court may not disregard the letter of [141]*141the law under pretext of pursuing its spirit.' 1 Pa.C.S. §1921 (6). The statute in question makes pipeline companies liable for all damages “occasioned by” the leakage or breaking of pipes. The use of the expression “occasioned by,” which is arguably broader than “caused by,” plainly means that pipeline companies are liable whenever pipeline leakage or breaking occasions damage. That language carries no implication that the liability may be avoided where the leakage or breaking occurred due to the negligence of others, no matter how unforeseeable.

Defendant develops at length the history of the provision’s original enactment in the Free Pipe Line Act of 1883.

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Related

Cities Service Pipe Line Company v. The United States
742 F.2d 626 (Federal Circuit, 1984)
Siegler v. Kuhlman
502 P.2d 1181 (Washington Supreme Court, 1972)
New Meadows Holding Co. v. Washington Water Power Co.
687 P.2d 212 (Washington Supreme Court, 1984)
City of Northglenn, Colo. v. Chevron USA Inc.
519 F. Supp. 515 (D. Colorado, 1981)
Moidel v. Peoples Natural Gas Co.
154 A.2d 399 (Supreme Court of Pennsylvania, 1959)
Atlantic Pipe Line Company v. Dredge Philadelphia
247 F. Supp. 857 (E.D. Pennsylvania, 1965)
Albig v. MUN. AUTH. OF WESTMORELAND CTY.
502 A.2d 658 (Supreme Court of Pennsylvania, 1985)
Lobozzo v. Adam Eidemiller, Inc.
263 A.2d 432 (Supreme Court of Pennsylvania, 1970)
Humble Pipe Line Company v. Anderson
339 S.W.2d 259 (Court of Appeals of Texas, 1960)
Hartman v. Citizens Natural Gas Co.
59 A. 315 (Supreme Court of Pennsylvania, 1904)
Springfield School District v. Department of Education
397 A.2d 1154 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. Oister
212 A.2d 456 (Superior Court of Pennsylvania, 1965)

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Bluebook (online)
45 Pa. D. & C.3d 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sun-pipe-line-co-v-tri-state-telecommunications-inc-pactcomplbucks-1986.