Kerby v. Prairie Pipe Line Co.

This is an action for damages to plaintiff’s cattle. At the close of plaintiff’s case the court instructed the jury to find for defendant and the jury so found. Judgment having been entered for defendant, plaintiff has appealed.

The facts show that plaintiff owns 110 acres of land in Macon County through which a stream, known as Clear Fork, traverses for a distance of 140 rods. Defendant is a corporation engaged in the transportation of crude petroleum through a pipe line across Macon County. About a mile west of plaintiff’s farm and near the origin of Clear F'ork, defendant’s pipe line…