Calor Oil & Gas Co. v. W. B. Wither's Admr.

Opinion op the Court by

Judge Carroll

Reversing on the original appeal and affirming on the cross appeal.

These two appeals involving substantially the same question may be disposed of in one opinion. Each case was a proceeding by the Calor Oil & Gas Company to condemn a right of way for a pipe line to be used in piping gas from the gas fields of Meade county to Louisville, Kentucky.

In the Withers case the strip of land condemned is 27 feet wide and 434 feet long, and lies entirely within the right of way of the Louisville, Henderson & St. Louis Railway Company. It is recited in the judgment…