Baker v. Columbia Gulf Transmission Co.

GILLESPIE, Presiding Justice:

Horace Baker and others, (hereinafter plaintiffs) sued Columbia Gulf Transmission Company, (hereinafter Columbia) in the Circuit Court of Alcorn County for damages to plaintiffs’ land when Columbia constructed a pipe line. The trial court sustained a demurrer to the declaration and dismissed the suit with prejudice. Plaintiffs appeal.

On the 15th day of October, 1953, plaintiffs’ predecessor in title executed to Columbia’s predecessor a right of way agreement, which provided in part as follows:

1. Know all men by these presents: That the undersigned John Binzie &…