Nellie Fleming Nellie Fleming, as Power of Attorney for Carl Bentley Herbert Bentley and Paul Fleming, Jr…

Summary

The court held that the trial court improperly directed a verdict establishing liability for the entire alleged trespass because the evidence conflicted regarding whether the pipeline crossed onto the appellants' land, although the undisputed bulldozer damage could support liability for that limited conduct. It further held that the adjoining landowners were not indispensable parties because the trespass action would not adjudicate title or impair their rights. The court also upheld denial of EQT's day-of-trial motion for judgment on the pleadings, leaving any reverse-condemnation defense to the trial court's discretion on remand.