Louisville Gas Co. v. Ky. Heating Co.
Court of Appeals of Kentucky
Case 8 — Action by the Kentucky Heating Company against the Louisville Gas Company, &o., and W. C. McGehee against the Calor Oil & Gas Company, to Enjoin the Defendants from Wasting Gas in Meade County, Kentucky. APPEAL FROM MEADE CIRCUIT COURT. From a Decree in Favor of Plaintiffs in each Case, Defendants Appeal.
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Case 8 — Action by the Kentucky Heating Company against the Louisville Gas Company, &o., and W. C. McGehee against the Calor Oil & Gas Company, to Enjoin the Defendants from Wasting Gas in Meade County, Kentucky. APPEAL FROM MEADE CIRCUIT COURT. From a Decree in Favor of Plaintiffs in each Case, Defendants Appeal. (No brief in the record for appellants.) POINTS AND AUTHORITIES. 1. The owners of land lying above a gas reservoir, or common source of supply, have a qualified property right in the gas and ■a common right to bore for and secure the gas for all useful purposes. These rights, like…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON.
There is a natural gas field in Meade county, from which the gas is piped to Louisville by the Kentucky Heating Company, and there sold for heating and illuminating purposes. The Louisville Gas Company claimed the exclusive privilege of selling illuminating gas in the city of Louisville. There was a long litigation between it and the Kentucky Heating Company, resulting in a judgment of this court on June 20, 1901, that the heating company has the right to sell natural gas for heating and' illuminating pur*74poses, also the right to make and sell artificial gas…
2Cases cited5 opinions
- Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
- Wheatley v. BaughSupreme Court of Pennsylvania · 1855
- Chambers & Marshall v. BaldwinCourt of Appeals of Kentucky · 1891
- Manufacturers Gas & Oil Co. v. Indiana Natural Gas & Oil Co.Indiana Supreme Court · 1900
- Haldeman v. BruckhartSupreme Court of Pennsylvania · 1863
3Cited by13 opinions
- Elliff v. Texon Drilling. Co.Texas Supreme Court · 1948
- People v. Associated Oil Co.California Supreme Court · 1930
- Swiss Oil Corporation v. HuppCourt of Appeals of Kentucky (pre-1976) · 1934
- Calor Oil & Gas Co. v. FranzellCourt of Appeals of Kentucky · 1908
- MOBILE EXPLORATION v. Certain UnderwritersLouisiana Court of Appeal · 2002
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