Carlson v. Mid-Continent Development Co.

*465The opinion of the court was delivered by

Johnston, C. J.:

In an action to recover for personal injuries, the plaintiff obtained a judgment against the defendant for $3,000 on account of negligence in constructing and maintaining defendant’s gas pipe upon a public highway. It was alleged that the defendant, which owned and operated a pipe line for conducting gas from its wells to consumers, constructed and maintained a pipe line on and along a public highway about two feet above the ground and in such a way as to constitute a nuisance, and that while plaintiff was driving along the highway,…