Diehm v. Great Lakes Pipe Line Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been sustained when defendant laid a pipe line across land owned by plaintiff. Judgment was for plaintiffs. Defendant appeals.

The petition was in two causes of action. The first cause of action alleged the ownership of the land and the execution of the right-of-way agreement. A purported copy of the agreement was attached to the petition. This copy showed that the right of way over the farm of plaintiffs was 157 rods long and that defendant agreed to pay one dollar a rod for it. The petition then…