Stewart v. Marland Pipe Line Co.

The opinion of the court was delivered by

Smith, J.:

These cases were tried separately in the court below, but have been consolidated here. The pipe-line company brought condemnation proceedings to secure a right of way for its pipe line across the lands owned by appellees. The appellees appealed to the district court from the award of condemnation allowed by appraisers. Judgment was for the landowners in an amount greater than the appraisers allowed. The pipe-line company appealed.

The facts are these: The pipe-line company had under way the construction of a pipe line for the purpose of…