Marathon Pipe Line Co. v. Nienhuis

Defendants Nienhuis own property subject to an easement which is now owned by plaintiff Marathon Pipe Line Co. The easement created the right to construct, maintain, operate, and protect a pipeline for the transportation of oil, gas, and the products thereof, over and through the Nienhuis land.

On December 28, 1964, Boeve Construction Company, also a defendant below, in the process of excavating a portion of the Nienhuis land, struck and ruptured the pipeline which had been constructed pursuant to the easement. As a result of the rupture, a quantity of oil leaked out of the pipeline and onto…