Zainey v. Linde

(dissenting) — I cannot concur in the foregoing opinion. The pipe line which the court holds to be an appurtenant to the property conveyed by Linde to Zainey and to pass as such in virtue of the deed of conveyance, is a small iron pipe laid in one of the public streets of the city of Seattle. It is in no *575sense a permanent structure, nor is it there under any form of grant of a permanent nature. It exists at the mere sufferance of the city, and is subject to removal at any time on the order of the city. Indeed, the city could not have granted-the right to permanently maintain it, as such a…