Phillips Pipe Line Co. v. Brandstetter

ARONSON, Spec. J.

This case has come to us by transfer from the Supreme Court for reasons set forth in an opinion reported at 254 S.W. 2d 636. Therein Judge Westhues epitomized the nature of the case as follows:

"This is a condemnation suit filed by respondent, Phillips Pipe Line Company, against appellants, Edward 0. Brandstetter and his wife, to condemn land for the purpose of laying a pipe line. Commissioners were appointed to assess the damages; exceptions were filed to the report of the commissioners but these were later dismissed. In their answer the landowners, appellants here,…