Southern Natural Gas Company v. Ross

MERRILL, Justice.

Petitioner, Southern Natural Gas Company, filed a petition to condemn a right of way across the Ross property on April 22, 1965. The probate court ordered the condemnation and both parties appealed to circuit court. More than five years later, the cause was tried to a jury and Ross and his wife were awarded $1,600.00 and interest. Petitioner appealed to the Court of Civil Appeals and the judgment was affirmed, 49 Ala.App. 625, 275 So.2d 138. We granted the writ of certiorari and the cause was argued and submitted in this court on February 13, 1973.

The two questions raised in…