Gallup Southwestern Coal Co. v. Gallup American Coal Co.

HUDSPETH, Justice.

On June 1, 1932, appellee filed its application in the district court of McKinley county for the condemnation, for mining purposes, of certain rights of way over the lands of the appellant. Appellant demurred to the application, the demurrer was overruled without prejudice, and commissioners were appointed to assess the damages which appellant would sustain by the taking of the rights of way. In due course the commissioners filed their report. -'At the hearing upon the confirmation of the report appellant again demurred to the application, on the ground, among others, that…