West Virginia Code § 22-8-4

Oil over 35 degrees Baume at 60 degrees Fahrenheit; inspection and
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measurement; loss.
All petroleum of a gravity exceeding thirty-five degrees Baume, at a temperature of sixty
degrees Fahrenheit, offered for transportation by means of pipeline or lines, shall be
inspected and measured at the expense of the company transporting the same, before the
same is transported. The company accepting the same for transportation sheall give to the
owner thereof, or to the person in charge of the well or wells from which such petroleum has
been produced and run, a ticket signed by its gauger, stating the numbrer of feet and inches
of petroleum which were in the tank or receptacle containing the same before the company
began to run the contents from such tank, and the number of feet and inches of petroleum
which remained in the tank after such run was completed. All deductions made for water,
sediment or the like shall be made at the time such petroleutm is measured. Within a
reasonable time thereafter the company shall, upon demand, deliver from the petroleum in
its custody to the owner thereof, or to the owner's assignee, at such delivery station on the
route of its line of pipes as the owner or the owner's assignee may elect, a quantity of
merchantable petroleum, equal to the quantity of petroleum run from such tank, or
receptacle, which shall be ascertained by computation; except that the company
transporting such petroleum may deduct for evaporation and waste two percent of the
amount of petroleum so run, as shown by such run ticket, and except that in case of loss of
any petroleum while in the custody of the company caused by fire, lightning, storm or other
like unavoidable cause, such loss shall be borne pro rata by all the owners of such petroleum
at the time thereof. But the coempany shall be liable for all petroleum that is lost while in its
custody by the bursting of pipes or tanks, or by leakage from pipes or tanks; and it shall also
be liable for all petroleuLm lost from tanks at the wells produced before the same has been
received for transportation, if such loss be due to faulty connections made to such tanks; and
the company shall be liable for all petroleum lost by the overflow of any tanks with which
pipeline connVections have been made, if such overflow be due to the negligence of such
company, and for all the petroleum lost by the overflow of any tanks with which pipeline
connections should have been made under the provisions of this article, but were not so
made by reason of negligence or delay on the part of the company.

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