Columbia Gas Transmission Corp. v. Diamond Fuel Co.

OPINION OF THE COURT

O’BRIEN, Justice.

This appeal arises from a final decree in equity, affirmed by a court en banc, which, inter alia, determined that appellee, Columbia Gas Transmission Corporation, was the owner of a disputed maintenance and repair right-of-way measuring fifty feet in width, and ordered appellants, Diamond Fuel Company and William M. Fiore Trucking and Contracting Company, to cease future dumping of fill material at the site and to remove any excess fill in the right-of-way. This appeal followed.

The record in the instant case is clear and uncontradicted that neither…